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COOK v. CITY OF MORONI

No. 20030383-CA.

107 P.3d 713 (2005)

2005 UT App 40

Mark COOK and Nanalee Cook, Plaintiffs and Appellants, v. CITY OF MORONI, Defendant and Appellee.

Court of Appeals of Utah.

February 3, 2005.

Attorney(s) appearing for the Case

Carvel R. Shaffer and David J. Shaffer, Bountiful, for Appellants.

David L. Church and Hala L. Afu, Blaisdell & Church PC, Salt Lake City, for Appellee.

Mark L. Shurtleff, Atty. Gen., and Brent A. Burnett, Asst. Atty. Gen., Salt Lake City, for Amicus Curiae State of Utah.

Before Judges GREENWOOD, ORME, and THORNE.

OPINION

THORNE, Judge:

¶ 1 Mark and Nanalee Cook appeal the trial court's dismissal of their negligence claim against the City of Moroni (the City) pursuant to the Utah Governmental Immunity Act (the Act). See Utah Code Ann. §§ 63-30-1 to -38 (1997).1

BACKGROUND

¶ 2 The Cooks live and own real property in Moroni, Utah. The Cooks' property is located on the south side of Main Street...

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