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KUNZ & CO. v. STATE

No. 950186-CA.

913 P.2d 765 (1996)

KUNZ & COMPANY dba Kunz Outdoor Advertising, a California corporation, Plaintiff and Appellee, v. STATE of Utah, Utah Department of Transportation, Defendant and Appellant.

Court of Appeals of Utah.

March 14, 1996.

Attorney(s) appearing for the Case

Jan Graham and Ralph L. Finlayson, Salt Lake City, for Appellant.

D. Williams Ronnow and John J. Walton, St. George, for Appellee.

Before BILLINGS, JACKSON, and WILKINS, JJ.

OPINION

WILKINS, Judge:

The Utah Department of Transportation (UDOT) appeals the district court's grant of summary judgment in favor of Kunz & Company. We reverse and remand.

BACKGROUND

Thomas Eveleth owns real property adjacent to Interstate 15 in Washington County, near the Anderson Junction. In March 1986, Eveleth applied to the county for a zoning change, seeking to change the zoning of...

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