Bennett v. Bow Valley Development Corp.

HOWE, Associate Chief Justice:

Robert Bennett and the other plaintiffs/landowners appeal from the trial court’s order dismissing Provo City as a party defendant. The order has been certified as a final order pursuant to rule 54(b) of the Utah Rules of Civil Procedure. The dismissal was based on governmental immunity or, in the alternative, failure by plaintiffs to provide proper notice to the City within one year pursuant to Utah Code Ann. § 63-30-13 (Supp.1985).

In 1974, Provo City sought a location for a water storage tank and found a site at the mouth of Little Rock Canyon, owned by Flying…