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ARCHER v. BOARD OF LANDS AND FORESTRY

No. 940214.

907 P.2d 1142 (1995)

John D. ARCHER and Ashley Creek Phosphate Company, Plaintiffs and Appellants, v. BOARD OF STATE LANDS AND FORESTRY, State of Utah; Director, Division of State Lands and Forestry, State of Utah, Defendants and Appellees.

Supreme Court of Utah.

October 11, 1995.

Attorney(s) appearing for the Case

E. Craig Smay, Salt Lake City, for plaintiffs.

Jan Graham, Att'y Gen., Steven F. Alder, Asst. Att'y Gen., Salt Lake City, for defendants.

Peter Watson Billings, Jr., Denise A. Dragoo, Brock R. Belnap, Salt Lake City, for intervenor FS Industries.

Leonard John Lewis, Thomas W. Clawson, Salt Lake City, for intervenor Chevron Pipeline Company.

DURHAM, Justice:

This is an appeal from a summary judgment by the district court upholding an order of the Board of State Lands and Forestry. We affirm.

On May 28, 1985, the Division of State Lands and Forestry (the Division) granted Chevron Pipeline Company (Chevron) an easement across state school trust lands. The purpose of the easement was to allow Chevron to build a pipeline to carry slurried phosphate from Vernal, Utah, to Rock Springs, Wyoming. In 1985...

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