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UTAH DEPT. OF TRANSP. v. FPA WEST POINT

No. 20110354.

304 P.3d 810 (2012)

2012 UT 79

UTAH DEPARTMENT OF TRANSPORTATION, Plaintiff and Petitioner, v. FPA WEST POINT, LLC; First American Title Insurance Company; Bank of America, NA, fka LaSalle Bank; Kmart Corporation; and New Albertson's Inc., Defendants and Respondents.

Supreme Court of Utah.

Rehearing Denied July 9, 2013.

Attorney(s) appearing for the Case

Mark L. Shurtleff , Att'y Gen., Nancy L. Kemp , Barbara H. Ochoa Asst. Att'ys Gen., Salt Lake City, for petitioner.

Kenneth A. Okazaki , Bruce Wycoff , Salt Lake City, for respondent, FPA West Point, LLC.

Perrin R. Love , Salt Lake City, for respondent, Kmart Corporation.

Chief Justice DURRANT, opinion of the Court:

INTRODUCTION

¶ 1 This appeal results from an action in eminent domain, in which the Utah Department of Transportation (UDOT) sought to condemn an access point easement (Access) on property owned by FPA West Point (FPA). FPA's codefendant and lessee, Kmart Corporation (Kmart), also claims an interest in the Access. Because of the different interests claimed by FPA and Kmart, FPA filed a motion asking the court...

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