Legal Opinion

Baxter v. Utah Department of Transportation

Court of Appeals of Utah

Decided November 9, 1989No. 890175-CAPublishedCited by 4 opinions

1Opinion of the Court

OPINION

JACKSON, Judge:

Ronald L. Baxter and Shirley Diane Baxter (the Baxters) appeal from a judgment quieting title to six acres of land in the Utah Department of Transportation (UDOT). We reverse.

This dispute arises out of the territorial General Assembly’s use of the center of the channel of the Weber River as part of the southern border of Weber County and the northern border of Davis County, in combination with two facts. First, until at least 1886, the river moved through more than one channel in the vicinity of the property now claimed by the parties. Second, the channel of the Weber…

2Cases cited20 opinions

  1. State v. WalkerUtah Supreme Court · 1987
  2. Berube v. Fashion Centre, Ltd.Utah Supreme Court · 1989
  3. Arkansas v. TennesseeSupreme Court of the United States · 1918
  4. Reid v. Mutual of Omaha Insurance Co.Utah Supreme Court · 1989
  5. State v. RolioUtah Supreme Court · 1927

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3Cited by4 opinions

  1. Orton v. CarterUtah Supreme Court · 1998
  2. Englert v. ZaneCourt of Appeals of Utah · 1993
  3. Haynes Land & Livestock Co. v. Jacob Family Chalk Creek, LLCCourt of Appeals of Utah · 2010
  4. Despain v. DespainCourt of Appeals of Utah · 1993

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