Legal Opinion

Utah Department of Transportation v. Osguthorpe

Utah Supreme Court

Decided March 9, 1995No. 940237PublishedCited by 29 opinions

1Opinion of the Court

HOWE, Justice:

Plaintiff Utah Department of Transportation (“UDOT”) brought this eminent domain action to acquire real property from D.A. Osguthorpe for the widening of a state highway. Osguthorpe failed to comply with an order compelling discovery, and the district court entered his default. Thereafter, the court conducted a just compensation hearing and awarded Osguthorpe a judgment for $228,481. His motion to set aside the default and to vacate the judgment was denied. He appeals.

I. FACTS

In June 1991, UDOT commenced this action to acquire real property from Osgu-thorpe for the widening of…

2Cases cited18 opinions

  1. National Hockey League v. Metropolitan Hockey Club, Inc.Supreme Court of the United States · 1976
  2. John W. Wilson v. Volkswagen of America, Inc., a New York Corporation and Volkswagenwerk, A. G., a Foreign Corporation, Wolfsburg, Western GermanyCourt of Appeals for the Fourth Circuit · 1977
  3. Bragg v. WeaverSupreme Court of the United States · 1919
  4. Wanderer v. JohnstonCourt of Appeals for the Ninth Circuit · 1990
  5. Amica Mutual Insurance Co. v. SchettlerCourt of Appeals of Utah · 1989

13 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Kilpatrick v. Bullough Abatement, Inc.Utah Supreme Court · 2008
  2. R & R Energies v. Mother Earth Industries, Inc.Utah Supreme Court · 1997
  3. Morton v. Continental Baking Co.Utah Supreme Court · 1997
  4. Askew v. HardmanUtah Supreme Court · 1996
  5. A.K. & R. Whipple Plumbing & Heating v. Aspen ConstructionCourt of Appeals of Utah · 1999

24 more not listed; retrieve them via the Exa API.

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