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UTAH DEPARTMENT OF TRANSPORTATION v. SECURITY INVEST LTD.

Nos. 990369, 990652.

17 P.3d 587 (2000)

2000 UT 97

UTAH DEPARTMENT OF TRANSPORTATION, Plaintiff and Appellee, v. SECURITY INVEST LTD., a Utah partnership; Washington National Insurance Company, an Illinois corporation; Hersch & Company, a California general partnership; U.S. Realty 86 Associates, a New Jersey general partnership; C and W Manhattan Associates, a Texas limited partnership; K-Mart Corporation Stores, Inc., aka MacFrugal's Bargain Stores, Inc., a California corporation. Defendants and Appellant. Utah Department of Transportation, Plaintiff and Appellee, v. William K. Olsen; U.S. Realty 86 Associates, a general partnership; PNS Stores, Inc., aka MacFrugal's Bargain Stores, Inc., a California corporation; and Zions First National Bank, a national association. Defendants and Appellant.

Supreme Court of Utah.

December 12, 2000.

Attorney(s) appearing for the Case

Jan Graham, Att'y Gen., Steven C. Ward, Steven F. Alder, Asst. Att'ys Gen., Brent Johnson, Salt Lake City, for plaintiff.

George K. Fadel, Bountiful, for defendants.

DURHAM, Justice:

¶ 1 This appeal arises from the trial court's denial of motions by Security Investments Ltd. and William K. Olsen ("defendants") requesting the payment of interest on monies paid to the clerk of court by the Utah Department of Transportation ("UDOT") as consideration for the taking of certain property under Utah's Eminent Domain Statute, Utah Code Ann. §§ 78-34-1 to 20 (1996 & Supp.1999). We affirm the trial court's denial of interest...

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