Utah County v. Ivie

137 P.3d 797 (2006)

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Utah County v. Ivie

Utah Supreme Court
137 P.3d 797 (2006)

DD

Facts

The county of Utah (the county) (plaintiff) and the city of Provo (the city) planned to build a public road. The road would connect two streets in the city, such that the inhabitants of the city would benefit from the road. However, the road would cross over county land that was owned by Kay and Devon Ivie (defendants). The county and the city entered into a contract. Under the contract, the county would condemn the Ivies’ property for the road, and the city would pay the expenses related to the construction and maintenance of the road. The county filed a condemnation action against the Ivies, and the Ivies subsequently filed a motion to dismiss. The district court denied the Ivies’ motion to dismiss. The Ivies appealed.

Rule of Law

Issue

Holding and Reasoning (Durrant, J.)

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