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MARION ENERGY v. KFJ RANCH PARTNERSHIP

No. 20090796.

267 P.3d 863 (2011)

2011 UT 50

MARION ENERGY, INC.; State of Utah, School and Institutional Trust Lands Administration, Plaintiffs and Appellants, v. KFJ RANCH PARTNERSHIP, Defendant and Appellee.

Supreme Court of Utah.

August 19, 2011.

Attorney(s) appearing for the Case

Jack R. Luellen , Relma M. Miller , Denver, CO, for plaintiff Marion Energy, Inc.

Thomas A. Mitchell , Salt Lake City, for plaintiff School and Institutional Trust Lands Administration.

Joane P. White , Price, Thomas R. Karrenberg , Jon V. Harper , Samantha J. Slark , Salt Lake City, for defendant.

Phillip Wm. Lear , Jeffrey R. Taylor , Salt Lake City, for amicus Utah Petroleum Association.

AMENDED OPINION*

Associate Chief Justice DURRANT, opinion of the Court:

INTRODUCTION

¶ 1 Appellants, Marion Energy, Inc. (Marion) and the State of Utah School and Institutional Trust Lands Administration (the Trust), lease and own oil and gas deposits that lie underneath property owned by the KFJ Ranch Partnership (KFJ). In order to build a road to access these deposits, Marion and the Trust seek to condemn...

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