Williams v. Hyrum Gibbons & Sons Co.

MAUGHAN, Justice:

Plaintiff initiated this action to condemn a one-tenth of an acre parcel of land for the purpose of constructing and operating a fixed base reeeiver/transmitter station for mobile telephone and radio paging devices in the Logan, Utah area. The trial court permitted North Utah Community T.V., a community television antenna company, CATV to intervene. Upon trial, the court ruled plaintiff had the power of eminent domain, but denied the relief sought in the complaint on the ground the taking of the particular site was not necessary to the public use of plaintiff where there were…