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CITY OF HILDALE v. COOKE

Nos. 990933, 990975.

28 P.3d 697 (2001)

The CITY OF HILDALE, Plaintiff, Appellant, and Cross-Appellee, v. Gherri Bateman COOKE; Barbara Andrae Hall; Grant Dennis Beatty; KBGD, Inc., a Utah corporation; Bill Lewis, trustee of W.H.R. Trust; and Academy Title Co., Defendants, Appellees, and Cross-Appellants.

Supreme Court of Utah.

June 29, 2001.

Attorney(s) appearing for the Case

Ronald W. Thompson, Stephen H. Urquhart, St. George, for plaintiff.

Jim R. Scarth, Harold J. Dent, Jr., St. George, for defendants.

RUSSON, Associate Chief Justice:

¶ 1 The City of Hildale appeals from a trial court judgment awarding landowners Gherri Bateman Cooke and Barbara Andrae Hall damages pursuant to section 78-34-10 of the Utah Code for the condemnation of their property. We reverse and remand.

BACKGROUND

¶ 2 Seeking to erect a 69-kilovolt electrical transmission line, the City of Hildale ("City" or "Hildale") instituted a condemnation proceeding on May 31...

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