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EVANS v. BOARD OF COUNTY COM'RS

No. 20020689-CA.

97 P.3d 697 (2004)

2004 UT App 256

Jamie EVANS, Plaintiff and Appellant, v. BOARD OF COUNTY COMMISSIONERS OF UTAH COUNTY, Defendant and Appellee.

Court of Appeals of Utah.

July 29, 2004.

Attorney(s) appearing for the Case

Samuel D. McVey, Kirton & McConkie, Salt Lake City, for Appellant.

Craig V. Wentz and Barton H. Kunz II, Christensen & Jensen PC, Salt Lake City, for Appellee.

Before Judges GREENWOOD, ORME, and THORNE.

OPINION

THORNE, Judge:

¶ 1 Jamie Evans appeals from the trial court's grant of the Board of County Commissioners' (the Board) motion for summary judgment. We reverse and remand.

BACKGROUND

¶ 2 In 1926, Knight Investment Company (Knight), with the knowledge and permission of Utah County and Provo City, subdivided land it owned south of Provo. Knight divided the property into several lots and platted a network of roads, including...

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