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UNION PACIFIC R.R. v. UTAH DEPT. OF TRANSP.

No. 20110326.

310 P.3d 1204 (2013)

2013 UT 39

UNION PACIFIC RAILROAD, Petitioner, v. UTAH DEPARTMENT OF TRANSPORTATION; Utah Public Service Commission; Anderson Geneva Development, Inc., and Town of Vineyard, Respondents.

Supreme Court of Utah.

July 9, 2013.

Attorney(s) appearing for the Case

Reha Kamas , Salt Lake City, for petitioner.

Brent A. Burnett , Asst. Att'y Gen., for respondent UDOT.

Troy L. Booher , Christopher L. Stout , Salt Lake City, Dennis M. Astill , Sandy, for respondent Anderson Geneva Development, Inc.

David L. Church , Salt Lake City, for respondent Town of Vineyard.

Original Proceeding in this Court.

Justice LEE, opinion of the Court:

¶ 1 This case arises out of the classification of a public railroad crossing by the Utah Department of Transportation (UDOT). The classification was upheld on review by the Public Service Commission. We affirm, upholding the Commission's determination that UDOT correctly classified the crossing as public in the absence of any formal abandonment or evidence indicating that the crossing...

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