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IVERS v. UTAH DEPT. OF TRANSP.

No. 20060061.

154 P.3d 802 (2007)

2007 UT 19

James IVERS; Katherine G. Havas; and P and F Food Services, Plaintiffs and Petitioners, v. UTAH DEPARTMENT OF TRANSPORTATION, Defendant and Respondent.

Supreme Court of Utah.

February 6, 2007.

Attorney(s) appearing for the Case

Donald J. Winder, John W. Holt, Salt Lake City, for petitioners.

Mark L. Shurtleff, Att'y Gen., Brent A. Burnett, Randy S. Hunter, Asst. Att'ys Gen., Salt Lake City, for respondent.

On Certiorari to the Utah Court of Appeals

WILKINS, Associate Chief Justice:

¶ 1 The Utah Department of Transportation ("UDOT") condemned a portion of private property for the construction of a frontage road adjacent to U.S. Highway 89 in Farmington, Utah. The construction of the frontage road was part of a larger project to widen and elevate Highway 89. Petitioners James Ivers, Katherine G. Havas, and P & F Food Services (collectively, "Arby's...

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