Holt v. Utah State Road Commission

CROCKETT, Justice.

Plaintiffs commenced this action to recover damages allegedly caused to their property on the northwest corner of the intersection of 100 South and 1100 East streets in St. George, by the construction of an underpass of highway 1-15, which lowered the grade, and impaired access to the property from 100 South Street. The court granted defendant’s motion to dismiss. Plaintiffs appeal.

There is no taking of property involved in this action. The law has long been established in this State that under those circumstances there can be no recovery from the State for damages because…