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UTAH DEPT. OF TRANSP. v. IVERS

No. 20080287.

218 P.3d 583 (2009)

2009 UT 56

UTAH DEPARTMENT OF TRANSPORTATION, Plaintiff and Appellee, v. James IVERS, Katherine G. Havas, P and F Food Services (Tenant), and Zions Credit Corporation, Defendants and Appellants.

Supreme Court of Utah.

August 21, 2009.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Brent A. Burnett, Randy S. Hunter, Asst. Atty's Gen., for plaintiff.

Donald J. Winder, John W. Holt, Lance F. Sorensen, Salt Lake City, for defendants.

DURHAM, Chief Justice:

INTRODUCTION

¶ 1 We review for a second time the Utah Department of Transportation's (UDOT) taking of property owned by the Appellants, James Ivers, Katherine G. Havas, and P & F Food Services (collectively, Arby's). In Ivers v. Utah Department of Transportation, 2007 UT 19, 154 P.3d 802, we addressed whether damages were awardable for Arby's loss of view where the view-impairing structure...

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