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HAROLD SELMAN, INC. v. BOX ELDER COUNTY

No. 20080229-CA.

208 P.3d 535 (2009)

2009 UT App 99

HAROLD SELMAN, INC., a Utah corporation; Fred Selman; Laura Selman; and Bret Selman, Plaintiffs and Appellants, v. BOX ELDER COUNTY, a body corporate and politic of the State of Utah, Defendant and Appellee.

Court of Appeals of Utah.

April 16, 2009.

Attorney(s) appearing for the Case

Brandon J. Baxter and Shaun L. Peck, Logan, for Appellants.

Barton H. Kunz II, Salt Lake City; and Stephen R. Hadfield, Brigham City, for Appellee.

Mark L. Shurtleff, Attorney General, and Brent N. Bateman, Assistant Attorney General, Salt Lake City, for Amicus Curiae Office of the Property Rights Ombudsman.

Before Judges GREENWOOD, BENCH, and McHUGH, JJ.

OPINION

GREENWOOD, Presiding Judge:

¶ 1 Plaintiffs Fred, Laura, and Bret Selman are principals of Harold Selman, Inc. (collectively the Selmans), which engages in a variety of farming, ranching, and other agricultural pursuits on property the Selmans own, situated on the border between Box Elder and Cache Counties (the Property). Box Elder County attempted to build a road on a livestock trail that crossed the property. The Selmans sued and subsequently...

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