Union Pacific Railroad v. Utah Department of Transportation

Original Proceeding in this Court.

Justice LEE authored the opinion of the Court, in which Chief Justice DURRANT, Associate Chief Justice NEHRING, Justice DURHAM, and Justice PARRISH joined. Justice LEE,

opinion of the Court:

T 1 This case arises out of the classification of a public railroad crossing by the Utah Department of Transportation (UDOT). The classification was upheld on review by the Public Service Commission. We affirm, upholding the Commission's determination that UDOT correctly classified the crossing as public in the absence of any formal abandonment or evidence indicating that…