Nelson v. Provo City

OPINION

DAVIS, Judge:

Appellants (Landowners) appeal a final judgment concluding that appellee Provo City (City) holds legal and equitable title (fee simple) to the portion of 900 South between 100 East and University Avenue (Roadway) abutting Landowners’ property. We reverse and remand.

Pursuant to the Federal Townsite Act of 1869, the federal government deeded the Roadway along with the abutting lands in trust to the local municipal authority, Provo Mayor Abraham O. Smoot, as trustee (the Townsite Conveyance). The Roadway existed as a public thoroughfare prior to this conveyance. The parties…