Legal Opinion

Utah County v. Butler

Court of Appeals of Utah

Decided November 2, 2006No. 20040809-CAPublishedCited by 3 opinions

1Opinion of the Court

OPINION

BENCH, Presiding Judge:

T1 Defendants Randy Butler, Donna Butler, Blaine Evans, and Linda Evans appeal the trial court's conclusion that Bennie Creek Road (the Road) is a public highway under Utah Code section 72-5-104(1) (the Dedication Statute). See Utah Code Ann. § 72-5-104(1) (2001). Utah County cross-appeals the trial court's decision to deny statutory damages caused by Defendants' refusal to remove a gate after receiving service of notice. We affirm in part and remand for a determination of statutory damages owed to Utah County.

BACKGROUND

T2 The Road runs west from U.S. Highway 89…

2Cases cited6 opinions

  1. State v. PenaUtah Supreme Court · 1994
  2. Crookston v. Fire Insurance ExchangeUtah Supreme Court · 1993
  3. Draper City v. Estate of BernardoUtah Supreme Court · 1995
  4. Heber City Corp. v. SimpsonUtah Supreme Court · 1997
  5. Campbell v. Box Elder CountyCourt of Appeals of Utah · 1998

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Utah County v. ButlerUtah Supreme Court · 2008
  2. Stevens v. LaVerkin CityCourt of Appeals of Utah · 2008
  3. Wasatch County v. OkelberryCourt of Appeals of Utah · 2006

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