Legal Opinion

Town of Leeds v. Prisbrey

Utah Supreme Court

Decided February 12, 2008No. 20061085PublishedCited by 9 opinions

1Opinion of the Court

DURRANT, Justice:

INTRODUCTION

¶ 1 This case, along with two companion cases that we also decide today, 1 concerns Utah Code section 72-5-104(1) (the “Dedication Statute”), which provides that “[a] highway is dedicated and abandoned to the use of the public when it has been continuously used as a public thoroughfare for a period of ten years.” 2 In this case we consider whether a continuously manned twenty-four-hour roadblock is an interruption in continuous use sufficient to restart the running of the Dedication Statute’s ten-year period. We hold that it is.

BACKGROUND

¶ 2 The road known as West…

2Cases cited4 opinions

  1. Utah County v. ButlerUtah Supreme Court · 2008
  2. Heber City Corp. v. SimpsonUtah Supreme Court · 1997
  3. Wasatch County v. OkelberryUtah Supreme Court · 2008
  4. Boyer v. ClarkUtah Supreme Court · 1958

3Cited by9 opinions

  1. Utah County v. ButlerUtah Supreme Court · 2008
  2. Wasatch County v. OkelberryUtah Supreme Court · 2008
  3. JENNINGS INVESTMENT, LC v. Dixie Riding Club, Inc.Court of Appeals of Utah · 2009
  4. Gardiner v. YorkCourt of Appeals of Utah · 2010
  5. Wasatch County v. OkelberryCourt of Appeals of Utah · 2015

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