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FRIES v. MARTIN

No. 20050026-CA.

154 P.3d 184 (2006)

2006 UT App 514

Jamie FRIES, Plaintiff and Appellee, v. Linda MARTIN, Defendant and Appellant.

Court of Appeals of Utah.

December 29, 2006.

Attorney(s) appearing for the Case

Mark R. Gaylord, Craig H. Howe, and Matthew L. Moncur, Ballard Spahr Andrews & Ingersoll, Salt Lake City, for Appellant.

Jeffrey Kitchen, Day Shell & Liljenquist, Murray, for Appellee.

Before BENCH, P.J., BILLINGS and ORME, JJ.

OPINION

BILLINGS, Judge:

¶ 1 Defendant Linda Martin appeals from the trial court's grant of summary judgment to Plaintiff Jamie Fries. Specifically, Martin contests the trial court ruling that she could not have acquired by adverse possession a portion of a county alley (the Disputed Tract) that has been fenced as part of her property for more than forty years. In the alternative, Martin argues that the Disputed Tract should not have been awarded solely...

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