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ESSENTIAL BOTANICAL FARMS, LC v. KAY

No. 20090922.

270 P.3d 430 (2011)

2011 UT 71

ESSENTIAL BOTANICAL FARMS, LC, Plaintiff and Appellee, v. Steven L. KAY, Defendant and Appellant.

Supreme Court of Utah.

November 15, 2011.

Attorney(s) appearing for the Case

Robert L. Janicki , H. Burt Ringwood , Lance H. Locke , Salt Lake City, for plaintiff.

Sherman C. Young , Dallas B. Young , Provo, for defendant.

Justice NEHRING, opinion of the Court:

INTRODUCTION

¶ 1 This appeal is rooted in a dispute over a parcel of land situated between adjoining landowners, Steven Kay and Essential Botanical Farms, LC (EBF). Mr. Kay is the record owner of the property, but EBF and its predecessors-in-interest have occupied the property for nearly fifty years. The district court quieted title to the property in favor of EBF on cross-motions for summary judgment after finding...

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