Western Gateway Storage Co. v. Treseder

HALL, Justice:

This is an appeal from a bench trial and judgment declaring as abandoned a right of way over real property.

The defendants, Treseder, are the owners of a right of way acquired by a series of conveyances dating to 1909 recorded in the Office of the Weber County Recorder. It was initially used for the delivery of coal and since conversion of the area to natural gas as the principal heating fuel its use has been for the removal of waste materials, the delivery and removal of building supplies, and the movement of tenants in and out.

The evidence at trial was largely undisputed that…