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UTAH DEPT. OF TRANSP. v. TARGET CORP.

No. 20180283.

459 P.3d 1017 (2020)

2020 UT 10

UTAH DEPARTMENT OF TRANSPORTATION, Petitioner, v. TARGET CORPORATION and Weingarten/Miller/American Fork, LLC, Respondents.

Supreme Court of Utah.

Reheard September 20, 2019.

Filed February 28, 2020.

Attorney(s) appearing for the Case

Sean D. Reyes , Att'y Gen., Barbara H. Ochoa , William H. Christensen , Asst. Att'y Gens., Salt Lake City, for petitioner.

Troy L. Booher , J. Frederic Voros, Jr. , Dick J. Baldwin , Kevin E. Anderson , Robert E. Wilkinson , Salt Lake City, for respondent Target Corporation.

Jeffrey W. Appel , Matthew N. Evans , Aaron C. Hinton , Salt Lake City, for respondent Weingarten/Miller/American Fork, LLC.

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

¶1 Target Corporation and Weingarten/Miller/American Fork, LLC (Miller) (collectively, claimants) owned property in American Fork that could be seen from both I-15 and Main Street. The property had a convenient "right-out" exit (an exit with a right-turn only) that provided access to northbound...

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