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WEST VALLEY CITY v. DOUGLAS W. MARTIN

No. 20030299-CA.

100 P.3d 248 (2004)

2004 UT App 327

WEST VALLEY CITY, Plaintiff and Appellant, v. DOUGLAS W. MARTIN dba Fantastic Sam's, and Does 1 through 10, Defendants and Appellee. Douglas W. Martin dba Fantastic Sam's, Counterclaim Plaintiff, v. West Valley City, Counterclaim Defendant.

Court of Appeals of Utah.

September 23, 2004.

Attorney(s) appearing for the Case

J. Richard Catten, West Valley City Attorney's Office, West Valley City, for Appellant.

James L. Christensen and Christopher G. Jessop, Corbridge Baird & Christensen, Salt Lake City, for Appellee.

Before Judges DAVIS, GREENWOOD, and THORNE.

OPINION

THORNE, Judge:

¶ 1 West Valley City appeals from the trial court's memorandum decision denying its motion for summary judgment on Douglas W. Martin's claim for just compensation following condemnation of a leasehold interest. We reverse.

BACKGROUND

¶ 2 In 1996, Martin purchased a Fantastic Sam's franchise located in West Valley City (the City). The franchise, a hair salon, occupied a leased portion of the first floor of...

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