ANDERSON INVESTMENT CORPORATION v. State

ELLETT, Justice:

Anderson appeals from a ruling of the trial court dismissing its complaint for failure to state a claim.

The plaintiff owns some land on the southeast corner of the intersection of North Temple and Third West Streets in Salt Lake City. Third West Street runs north and south on the west side and North Temple Street runs east and west on the north side of the Anderson property. For many years past North Temple Street has crossed some railroad tracks by means of a viaduct commencing on the west side of the intersection in question.

The State Road Commission decided to replace and…