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HEUGHS LAND, L.L.C. v. HOLLADAY CITY

No. 20040611-CA.

113 P.3d 1024 (2005)

2005 UT App 202

HEUGHS LAND, L.L.C., a Utah limited liability company, Plaintiff and Appellant, v. HOLLADAY CITY, a municipal corporation and local subdivision of the State of Utah, Defendant and Appellee.

Court of Appeals of Utah.

May 12, 2005.

Attorney(s) appearing for the Case

Angela E. Atkin and Anthony L. Rampton, Jones, Waldo, Holbrook & McDonough, Salt Lake City, for Appellant.

Peter Stirba and Gregory P. Nielsen, Stirba & Hathaway, Salt Lake City, for Appellee.

Before Judges BILLINGS, DAVIS, and GREENWOOD.

OPINION

DAVIS, Judge:

¶ 1 Heughs Land, L.L.C. (Heughs Land) appeals the trial court's dismissal of its federal and state takings claims. We reverse and remand.

BACKGROUND

¶ 2 Heughs Land is the owner of real property (the property) located in the City of Holladay, Utah (the City). The property consists of approximately 3.326 acres of undeveloped land at the mouth of Heughs Canyon. On October 16, 2002, after Heughs Land had made...

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