Utah Department of Transportation v. Osguthorpe
Utah Supreme Court
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…
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