Utah Department of Transportation v. Fuller

STEWART, Justice:

This interlocutory appeal challenges the exercise of the eminent domain powers of the plaintiff, Utah Department of Transportation, in connection with the location and size of a parcel of land condemned for a sewage lagoon proposed to service a highway rest stop area. The lower court denied defendants’ motion to dismiss following a hearing and entered an order of immediate occupancy permitting plaintiff to proceed with construction. We affirm.

This matter involves plaintiff’s planning of a roadside rest area on the west side of Interstate Highway 15 in Box Elder County…