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WASATCH COUNTY v. OKELBERRY

No. 20070011.

179 P.3d 768 (2008)

2008 UT 10

WASATCH COUNTY, a body politic of the State of Utah, Plaintiff and Respondent, v. E. Ray OKELBERRY, Brian Okelberry, Eric Okelberry, West Daniels Land Association, Utah Division of Wildlife Resources, and John Does 1-25, Defendants and Petitioners.

Supreme Court of Utah.

February 12, 2008.

Attorney(s) appearing for the Case

Thomas L. Low, Scott H. Sweat, Heber City, for plaintiff.

Don R. Petersen, Leslie W. Slaugh, Provo, for defendants.

On Certiorari to the Utah Court of Appeals

DURRANT, Justice:

INTRODUCTION

¶ 1 In this case and two companion cases that we also decide today,1 we consider the operation of Utah Code section 72-5-104(1) (the "Dedication Statute"), which provides as follows: "A highway is dedicated and abandoned to the use of the public when it has been continuously used as a public thoroughfare for a period of ten years."

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