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UTAH STREAM ACCESS v. ORANGE STREET DEV.

No. 20150439.

416 P.3d 553 (2017)

2017 UT 82

UTAH STREAM ACCESS COALITION, Appellee, v. ORANGE STREET DEVELOPMENT, Appellant, and State of Utah, by and through its Division of Forestry, Fire and State Lands, Appellee.

Supreme Court of Utah.

Filed November 22, 2017.

Attorney(s) appearing for the Case

W. Cullen Battle , Craig C. Coburn , Salt Lake City, for appellee Utah Stream Access Coalition.

Michael D. Zimmerman , Troy L. Booher , Erin Bergeson Hull , Christopher E. Bramhall , Salt Lake City, Anthony W. Schofield , Peter C. Schofield , Lehi, for appellant.

Sean D. Reyes , Attorney General, Stanford E. Purser , Deputy Solicitor General, Norman K. Johnson , Michael S. Johnson , John Robinson Jr. , Assistant Attorneys General, Salt Lake City, for appellee State of Utah Division of Forestry, Fire and State Lands.

Associate Chief Justice Lee authored the opinion of the Court, in which Chief Justice Durrant, Justice Himonas, and Judge Christiansen joined.

On Direct Appeal

¶ 1 Our decision in Conatser v. Johnson, 2008 UT 48, 194 P.3d 897, established a public easement right to incidentally touch the beds of Utah waterways for recreational or other lawful purposes. The legislature responded to...

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