CARTER v. DONE

No. 20100478-CA.

276 P.3d 1127 (2012)

2012 UT App 72

Brian W. CARTER and Megan B. Carter, Plaintiffs and Appellees, v. Steve DONE; Clara Done; Rock Hard Construction, Inc.; Anderson Excavating, Inc.; and John Does 1-10, Defendants and Appellants.

Court of Appeals of Utah.

March 15, 2012.


Attorney(s) appearing for the Case

Brad C. Smith and David B. Stevenson , Ogden, for Appellants.

Edwin S. Wall , Salt Lake City, for Appellees.

Before Judges McHUGH, THORNE, and CHRISTIANSEN.


OPINION

THORNE, Judge:

¶ 1 Steve and Clara Done appeal from the district court's judgment against them and in favor of Brian W. and Megan B. Carter. The Carters had sought the removal of fill dirt that had been placed on their property during construction on the Dones' adjacent lot. The district court balanced the equities between the parties and awarded the Carters $25,000 in damages in lieu of an injunction requiring the Dones to remove the dirt....

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