Wasatch County v. Okelberry

DURRANT, Justice:

INTRODUCTION

¶ 1 In this case and two companion cases that we also decide today, 1 we consider the operation of Utah Code section 72-5-104(1) (the “Dedication Statute”), which provides as follows: “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 We granted certiorari in this case to consider whether the court of appeals erred in its application of the standard for ascertaining continuous use as a public thoroughfare under this statute. We conclude that it did so err. We…