AWINC CORP. v. Simonsen

OPINION

BILLINGS, Presiding Judge:

¶ 1 Defendant Rañdy T. Simonsen (Simon-sen) appeals from the trial court’s determination that an unimproved mountain road which crosses Simonsen’s property and leads to AWINC Corporation’s property (AWINC) is a public road under Utah Code section 72-5-104(1). See Utah Code Ann. § 72-5-104(1) (2004). We affirm.

BACKGROUND

¶ 2 AWINC and Simonsen own property on adjacent parcels in the Uinta National Forest. 1 Both properties are accessed by an unimproved mountain road (Middle Fork Road).

¶ 3 Simonsen attempted to block access to Middle Fork Road. In 1996 or 1997,…