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STATE v. HARVEY REAL ESTATE

Nos. 20001149, 20010005.

57 P.3d 1088 (2002)

2002 UT 107

STATE of Utah and its Agency the Utah Department of Transportation, Plaintiff and Appellee, v. HARVEY REAL ESTATE, a limited partnership, Defendant and Appellant.

Supreme Court of Utah.

November 5, 2002.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Steven F. Alder, Asst. Att'y Gen., Salt Lake City, for plaintiff.

Robert E. Mansfield, Todd D. Weiler, Craig R. Kleinman, Salt Lake City, for defendant.

HOWE, Justice:

INTRODUCTION

¶ 1 We granted a petition for interlocutory appeal filed by defendant Harvey Real Estate, a limited partnership, to review the trial court's determination that defendant was not entitled to introduce certain evidence in an eminent domain proceeding. We also granted a cross-petition filed by plaintiff Utah Department of Transportation (UDOT) to review the trial court's ruling that UDOT had abandoned a perpetual right-of-way...

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