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UTAH DEPT. OF TRANSP. v. G. KAY, INC.

No. 20020063.

78 P.3d 612 (2003)

2003 UT 40

UTAH DEPARTMENT OF TRANSPORTATION, Plaintiff and Appellee, v. G. KAY, INC., Defendant and Appellant.

Supreme Court of Utah.

September 26, 2003.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Edward O. Ogilvie, Asst. Att'y Gen., Salt Lake City, for plaintiff.

George K. Fadel, Bountiful, for defendant.

PARRISH, Justice:

¶ 1 In this interlocutory appeal, we are called upon to examine whether Utah law authorizes condemnation of private property for the purpose of mitigating the environmental impacts of highway construction. Specifically, we are asked to decide whether the Utah Department of Transportation ("UDOT") was authorized to condemn property in order to create a nature preserve in connection with the construction of the Legacy Parkway Project, also known...

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