DRAPER CITY v. ESTATE OF BERNARDO

No. 930502.

888 P.2d 1097 (1995)

DRAPER CITY, a municipal corporation and political subdivision of the State of Utah; Jack A. Garfield, an individual; Lena Pignanelli, an individual; Donald T. Marden, an individual; Draper Recreational Trails Association, an association; and Robert and Sharon Patterson dba Antique Acres, Plaintiffs and Appellees, and Henning and Geraldine B. Anderson; Arthur Burr; Corporation of the Presiding Bishopric of the Church of Jesus Christ of Latter-day Saints; Draper Irrigation Company; Estes Homes; Roberta M. and Grant E. Kirkham; Little Willow Irrigation Company; Metropolitan Water District of Salt Lake City; Edward E. and Caroline B. Morgan; Town of Riverton; Traverse Associates; Utah Valley Land; and Duane B. and Shaunna M. Woodmansee, Plaintiffs by Election and Appellees, v. ESTATE OF Fannie BERNARDO, deceased; Paul L. Bernardo, an individual and personal representative of the Estate of Fannie Bernardo; Jimmy T. Bernardo, an individual; John A. Bernardo, an individual; and John Does 1-20, Defendants and Appellants, and Randy H. and Joelene D. Charlton; Harold A. and Mary G. Daw; Earl J. and Vaunnal Garfield; and Ruth Gordon, Defendants by Election and Appellants, and Corner Canyon Water Company, Intervening Defendant.

Supreme Court of Utah.

January 19, 1995.


Attorney(s) appearing for the Case

Michael Z. Hayes, Lisa G. Romney, Salt Lake City, for appellees.

Thomas D. Walk, Salt Lake City, for LDS Church.

David L. Church, Salt Lake City, for Riverton.

Joseph Novak, Salt Lake City, for Metropolitan Water Dist. of Salt Lake City.

Dean W. Sheffield, Salt Lake City, for appellants.


HOWE, Justice:

Draper City and several individuals commenced this action to have what is known as the Lower Corner Canyon Road, which lies within the City's limits, declared to have been dedicated and abandoned to the use of the public pursuant to Utah Code Ann. § 27-12-89 (1989) on the ground that it had been continuously used as a public thoroughfare for a period of ten years. Defendant Paul L. Bernardo, personal representative of the Estate of Fannie Bernardo...

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