Benton v. State, Division of State Lands & Forestry, Department of Natural Resources

DURHAM, Justice:

Floyd E. Benton and Professional United Development (“the plaintiffs”) appeal from a summary judgment in these consolidated actions. This appeal involves mineral leases issued by the State of Utah on a single tract of property: lots five and six of section eighteen, township one south, range two east, Salt Lake meridian (hereinafter “lots five and six”). In 1970, one lease was given to Professional United Development, in 1981, another was given to Floyd E. Benton, and in 1981, still another lease was given to Portland Cement Company of Utah (“Portland”). The plaintiffs sought…