Schaer v. State ex rel. Utah Department of Transportation

DURHAM, Justice:

This case arose because the plaintiff Harold G. Schaer and Salt Lake City Corporation (hereinafter “Salt Lake City”) failed to reach an agreement regarding the purchase of the plaintiff’s property for expansion of a proposed park. The dispute focuses on whether the doctrines of res judicata and collateral estoppel preclude the plaintiff from maintaining his present cause of action. The plaintiff instituted the present suit claiming that a certain graded road, commonly referred to as the “dugway road,” is a public thoroughfare under U.C.A., 1953, § 27-12-89, which would provide…