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AWINC CORP. v. SIMONSEN

No. 20030318-CA.

112 P.3d 1228 (2005)

2005 UT App 168

AWINC CORP., Plaintiff and Appellee, v. Randy T. SIMONSEN, Defendant and Appellant.

Court of Appeals of Utah.

April 14, 2005.

Attorney(s) appearing for the Case

Reed M. Richards, Ogden, for Appellant.

Gary A. Weston, Nielsen & Senior PC, Salt Lake City, for Appellee.

Before Judges BILLINGS, DAVIS, and GREENWOOD.

OPINION

BILLINGS, Presiding Judge:

¶ 1 Defendant Randy T. Simonsen (Simonsen) appeals from the trial court's determination that an unimproved mountain road which crosses Simonsen's property and leads to AWINC Corporation's property (AWINC) is a public road under Utah Code section 72-5-104(1). See Utah Code Ann. § 72-5-104(1) (2004). We affirm.

BACKGROUND

¶ 2 AWINC and Simonsen own property on adjacent parcels in the...

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