State v. Harvey Real Estate

HOWE, Justice:

INTRODUCTION

¶ 1 We granted a petition for interlocutory appeal filed by defendant Harvey Real Estate, a limited partnership, to review the trial court’s determination that defendant was not entitled to introduce certain evidence in an eminent domain proceeding. We also granted a cross-petition filed by plaintiff Utah Department of Transportation (UDOT) to review the trial court’s ruling that UDOT had abandoned a perpetual right-of-way it had over part of the Harvey property.

BACKGROUND

¶ 2 Harvey Real Estate owns approximately 160 acres of vacant land in Davis County, Utah. Until…