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UTAH COUNTY v. BUTLER

No. 20070009.

179 P.3d 775 (2008)

2008 UT 12

UTAH COUNTY and State of Utah, by and through its Department of Natural Resources and Division of Wildlife Resources, Plaintiffs and Respondents, v. Randy BUTLER, Donna Butler, Blaine Evans, Linda Evans, Margaret Condley, Elizabeth Condley, and John Does 1-15, Defendants and Petitioners.

Supreme Court of Utah.

February 12, 2008.

Attorney(s) appearing for the Case

M. Cort Griffin, Robert J. Moore, Provo, for plaintiff Utah County.

Mark L. Shurtleff, Att'y Gen., Martin B. Bushman, Asst. Att'y Gen., Salt Lake City, for plaintiff State of Utah.

Scott L. Wiggins, Salt Lake City, for defendants.

On Certiorari to the Utah Court of Appeals.

DURRANT, Justice:

INTRODUCTION

¶ 1 In this and two companion cases that we also decide today,1 we consider the operation and application of Utah Code section 72-5-104(1) (the "Dedication Statute"). The Dedication Statute provides that "[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...

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