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SCHROEDER INVESTMENTS, L.C. v. EDWARDS

No. 20110910.

301 P.3d 994 (2013)

2013 UT 25

SCHROEDER INVESTMENTS, L.C., Plaintiff and Appellant, v. Clyde C. EDWARDS, Linda K. Edwards, Utah Department of Transportation, and Does 1 through 10, Defendants and Appellee.

Supreme Court of Utah.

May 3, 2013.

Attorney(s) appearing for the Case

Troy L. Booher , Noella A. Sudbury , Wade R. Budge , Salt Lake City, for appellant.

John E. Swallow , Att'y Gen., Brent A. Burnett , Asst. Att'y Gen., Salt Lake City, for appellee.

Justice LEE, opinion of the Court:

¶ 1 The Utah Department of Transportation (UDOT) owns a piece of property used as a detention pond in Provo, on land adjacent to property owned by Schroeder Investments. Schroeder filed a condemnation action, asserting a right to condemn a portion of UDOT's parcel to construct an access road to the development Schroeder planned to build on its property.

¶ 2 UDOT moved for summary judgment. It invoked the "more necessary...

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