Provo City v. Jacobsen

WADE, Justice.

In plaintiff’s petition for rehearing they urge that this court erred in assuming that the lands east of the old shore line, which the trial court found runs on the west side of the lands claimed by the defendants from the old Provo Resort to Will Peay’s cabin, are all higher than that shore line, whereas the evidence establishes that this is not the case. We have rechecked the evidence and find that this contention is correct and some changes will therefore have to be made in our previous decision.

The three justices who concurred in the original prevailing opinion are now all…