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HOGS R US v. TOWN OF FAIRFIELD

No. 20070872.

207 P.3d 1221 (2009)

2009 UT 21

HOGS R US, a Utah corporation; Scott C. McLachlan, an individual; Utah Valley Turf Farms, L.C., a Utah limited liability company; Ault Farms, LLC, a Utah limited liability company; Zane Dansie, an individual; and Keith Jonsson, an individual, Plaintiffs and Appellants, v. TOWN OF FAIRFIELD, Defendant and Appellee.

Supreme Court of Utah.

April 14, 2009.

Attorney(s) appearing for the Case

Joseph C. Rust, Scott O. Mercer, Salt Lake City, for appellants Hogs R Us, Scott C. McLachlan, Zane Dansie, and Keith Jonsson.

Mark H. Richards, Salt Lake City, for appellants Utah Valley Turf Farms, L.C., and Ault Farms, LLC.

Larry S. Jenkins, Salt Lake City, for appellee.

Paul W. Mortensen, Salt Lake City, for amicus Utah Shared Access Alliance.

Steve C. Earl, Orem, Robert J. Moore, James L. Wilde, Provo, for amici City of Orem, Utah County, and Provo City.

PARRISH, Justice:

INTRODUCTION

¶ 1 Appellants seek reversal of the district court's decision declining to issue an extraordinary writ compelling the town of Fairfield to maintain a road located within the town. Because the town does not have a clear legal duty to maintain its roads, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 Since its incorporation in late 2004, Fairfield, a small agrarian town located in the south-central...

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