Utah Department of Transportation v. Ivers

DURHAM, Chief Justice:

INTRODUCTION

1 We review for a second time the Utah Department of Transportation's (UDOT) taking of property owned by the Appellants, James Ivers, Katherine G. Havas, and P & F Food Services (collectively, Arby's). In Ivers v. Utah Department of Transportation, 2007 UT 19, 154 P.3d 802, we addressed whether damages were awardable for Arby's loss of view where the view-impairing structure was not built on the condemned property but was part of the project for which the property was condemned. We held that if the condemned property was essential to the project, Arby's would…