Fairclough v. Salt Lake County

HENRIOD, Justice.

Appeal from denial of a motion to dismiss filed by Salt Lake County and the Utah Road Commission. Sovereign immunity was claimed as a defense. Reversed.

In November, 1956, defendants completed a highway project where the grade allegedly was reduced about 16 feet below plaintiffs' abutting land. Presumably it was a reasonable and necessary exercise of the police power to benefit the community as a whole.

In June, 1959, two and one-half years later, plaintiffs sued defendants 1) : to get damages for depreciation in preventing access, or, alternatively, 2) : for a writ of mandamus…