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ROBINSON v. STATE

No. 990206.

20 P.3d 396 (2001)

2001 UT 21

Kay K. ROBINSON; Vance R. and Marilee L. Scadden; Benjamin E. and Le Joie Reichel; Harland G. and Ardena B. Taylor; Douglas L. and Janice W. Frost; and Harold B. and Charlotte A. Austin, acting in their own behalf and for all other parties interested or otherwise similarly situated, Plaintiffs and Appellants, v. STATE of Utah and its Agency the Utah Department of Transportation, Defendants and Appellees.

Supreme Court of Utah.

Rehearing Denied March 2, 2001.

Attorney(s) appearing for the Case

Douglas M. Durbano, George W. Burbidge, II, Layton; Randon W. Wilson, Vincent C. Rampton, Salt Lake City, for plaintiffs.

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

DURRANT, Justice:

¶ 1 Appellants, a group of landowners, filed an inverse condemnation action against the State of Utah and its agency, the Utah Department of Transportation (collectively "UDOT"). The case settled before trial, but the question of whether appellants were entitled to an award of attorney fees was left open. The district court denied appellants' motion for an award of attorney fees, and appellants appeal that decision. We reverse.

BACKGROUND...

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