Gorgoza, Inc. v. Utah State Road Commission

CROCKETT, Justice:

Plaintiff, Gorgoza, Inc. brought this action based on allegations of breach of contract and negligence, to recover for damages to its resort property just east of the summit of Parley’s Canyon, in Summit County, resulting from the construction of the new interstate highway 1-80. The trial court granted defendant’s motion for summary judgment.

Plaintiff appeals, contending that there was a valid agreement between the parties, as to the manner of construction and maintenance of the road, which the defendant has failed to perform; that therefore, governmental immunity is not a…