Hurst v. HIGHWAY DEPARTMENT OF THE STATE OF UTAH

*154CROCKETT, Justice.

The plaintiffs Hurst sued the Utah Department of Highways and Burgraff Construction Company, asking for injunctive relief and for damages because of the operation of a gravel pit near plaintiffs’ home in Orem, Utah.

The district court granted the motion of the Department of Highways to dismiss the complaint1 as to it on the ground of sovereign immunity.2 Plaintiffs appeal.

In view of the dismissal, we are obliged to accept the facts set forth in the plaintiffs’ complaint, the essentials of which are: Since 1959, a gravel pit near plaintiffs’ home in Orem belonging to the State…