Legal Opinion

Estate of Higley v. State, Department of Transportation

Court of Appeals of Utah

Decided August 19, 2010No. 20090345-CAPublishedCited by 3 opinions

1Opinion of the Court

AMENDED OPINION 1

DAVIS, Presiding Judge:

{1 The Estate of Edwin Higley (the Estate) appeals from a judgment dismissing its action against the State of Utah, Department of Transportation (UDOT) to quiet title in certain real property and for equitable relief. We affirm.

BACKGROUND

{2 In 1974, the district court entered a condemnation judgment in favor of UDOT, condemning land belonging to Edwin Higley (Higley) for the construction of a highway. Although most of the property condemned was in Davis county, one tract of land included property in both Weber and Davis Counties. UDOT promptly filed the…

2Cases cited19 opinions

  1. Block v. North Dakota Ex Rel. Board of University & School LandsSupreme Court of the United States · 1983
  2. Weber v. Board of Harbor CommissionersSupreme Court of the United States · 1873
  3. Lyon v. BurtonUtah Supreme Court · 2000
  4. Rawlings v. RawlingsUtah Supreme Court · 2010
  5. CECO Corp. v. Concrete Specialists, Inc.Utah Supreme Court · 1989

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3Cited by3 opinions

  1. Fundamentalist Church of Jesus Christ of Latter-Day Saints v. HorneUtah Supreme Court · 2012
  2. In re K.J...Court of Appeals of Utah · 2024
  3. In re K.J...Court of Appeals of Utah · 2024

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