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KAPPOS v. STATE, DEPT. OF TRANSP.

No. 20100365-CA.

263 P.3d 1180 (2011)

2011 UT App 320

Mark KAPPOS and Mala Kappos, Plaintiffs and Appellants, v. STATE of Utah, DEPARTMENT OF TRANSPORTATION, Defendant and Appellee.

Court of Appeals of Utah.

September 22, 2011.

Attorney(s) appearing for the Case

M. Darin Hammond , Ogden, for Appellants.

Mark L. Shurtleff and Nancy L. Kemp , Salt Lake City, for Appellee.

Before Judges DAVIS, THORNE, and ROTH.

MEMORANDUM DECISION

ROTH, Judge:

¶ 1 Plaintiffs Mark Kappos and Mala Kappos appeal the district court's dismissal of their claims against Defendant, the Utah Department of Transportation (UDOT). We affirm.

¶ 2 In 1974, UDOT was awarded a judgment of condemnation (the condemnation order) that gave it title to several parcels of property owned by Edwin Higley. Most of the condemned property was located in Davis County, but a few parcels were...

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