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UTAH DEPT. OF TRANSP. v. IVERS

No. 20050246-CA.

128 P.3d 74 (2005)

2005 UT App 519

UTAH DEPARTMENT OF TRANSPORTATION, Plaintiff and Appellee, v. James IVERS, Katherine G. Havas, P & F Food Services, and Zions Credit Corporation, Defendants and Appellants.

Court of Appeals of Utah.

December 8, 2005.

Attorney(s) appearing for the Case

John W. Holt and Donald J. Winder, Winder & Haslam, Salt Lake City, for Appellants.

Mark L. Shurtleff, Attorney General, Steven C. Ward and Randy S. Hunter, Assistant Attorney General, Salt Lake City, for Appellee.

Before Judges DAVIS, GREENWOOD, and THORNE.

OPINION

GREENWOOD, Judge:

¶ 1 This case involves a taking of private property by Plaintiff Utah Department of Transportation (UDOT) to construct a frontage road adjacent to U.S. Highway 89 (Highway 89) near Farmington, Utah. Defendants James Ivers, Katherine G. Havas, P & F Food Services, and Zions Credit Corp. (collectively, Arby's) appeal the trial court's ruling denying Arby's motion for partial summary judgment and granting UDOT's motion in...

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