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RHODES v. DEPARTMENT OF TRANSP.

No. 20070096-CA.

196 P.3d 632 (2008)

2008 UT App 374

Clyde A. RHODES and Randy B. Birch, Plaintiffs and Appellants, v. DEPARTMENT OF TRANSPORTATION, Dian McGuire, and Craig Fox, Defendants and Appellees.

Court of Appeals of Utah.

October 23, 2008.

Attorney(s) appearing for the Case

Randy B. Birch, Salt Lake City, for Appellants.

Mark L. Shurtleff, Atty. Gen., and Brent A. Burnett, Asst. Atty. Gen., Salt Lake City, for Appellees.

Before Judges THORNE, McHUGH, and ORME.

OPINION

THORNE, Associate Presiding Judge:

¶ 1 Clyde A. Rhodes and Randy B. Birch (Plaintiffs) appeal from the district court's entry of summary judgment in favor of the Utah Department of Transportation (UDOT), Dian McGuire, and Craig Fox (collectively, Defendants). We reverse the district court's judgment and remand this matter for further consideration.

BACKGROUND

¶ 2 UDOT was the record owner of approximately 6.7 acres of...

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