Utah Eminent Domain Law
 

Minal Ashokkumar Patel, et al. v. Central Utah Clinic, et al

Salt Lake City, Utah personal injury lawyers represented Plaintiff who sued the Defendants on medical malpractice theories.


Plaintiffs Minal Patel and Dilipkumar Patel (collectively, “Plaintiffs”) bring this case on behalf of themselves and their seven-year-old child, I.P., who was born with hypoxia in Kane County, Utah. On July 30, 2019, Plaintiffs filed a complaint against Defe... More...
   $1 (07-28-2023 - UT)

STATE OF UTAH v. BENJAMIN DAVID RETTIG

Man gets 25 years to life for his role in BYU prof's slaying

In November 2009, Benjamin Rettig and Martin Bond traveled from Vernal, Utah, to the home of Kay Mortensen in Spanish Fork, Utah.1 Mortensen owned a large supply of firearms that were located in a bunker behind his home. Bond and Rettig traveled to his home with the intent to steal some of his firearms. The two entered Mortensens home with a handgun while wearing ski masks and latex gloves. The... More...    $0 (11-26-2017 - UT)

Ryan Harvey v. Ute Indian Tribe of the Uintah and Quray Reservation, et al.

Utah Supreme Court Courthouse - Salt Lake City, Utah

1 The oil and gas industry is a major economic force in the Uintah Basin. This industry relies, to some extent, on access to the Uintah and Ouray Reservation of the Ute Indian Tribe. The plaintiffs allege that, through its ability to restrict the industrys access to tribal lands, the tribe has held hostage the economy of the non-Indian population.
2 Ryan Harvey, a plaintiff and part owner o... More...
   $0 (11-07-2017 - UT)

Stiching Mayflower, et al. v. United Park City Mines Company, et al.

1 This case involves a dispute over a mining road built on Flagstaff Mountain (near Park City) over a century ago. The plaintiffs are Stichting Mayflower Mountain Fonds and Stichting Mayflower Recreation Fonds (collectively ―Mayflower‖). Defendants in the suit are owners of land traversed by the road. 2 Plaintiffs have asserted a right to use the road (1) as a public highway under t... More...    $0 (03-22-2017 - UT)

United States of America v. Donald Bowers

Defendant Donald Bowers was previously involved in a civil trade secret
misappropriation case that was litigated in the United States District Court for the District
of Utah. During the course of that litigation, Bowers willfully and repeatedly violated a
permanent injunction issued by the district court presiding over the case, and also refused
to purge himself of civil contempt. ... More...
   $0 (02-12-2017 - UT)

Ute Indian Tribe of the Uintah and Ouray Reservations v. Myton

Were beginning to think we have an inkling of Sisyphuss fate. Courts of
law exist to resolve disputes so that both sides might move on with their lives.
Yet here we are, forty years in, issuing our seventh opinion in the Ute line and
still addressing the same arguments we have addressed so many times before.
- 2 -
Thirty years ago, this court decided all boundary disputes bet... More...
   $0 (08-30-2016 - UT)

Robert Hemingway v. Construction by Design Corporation

¶1 Robert and Denise Hemingway appeal from the grant of summary judgment in favor of Clavell T. Anderson and his company, Construction By Design Corporation (collectively,
Hemingway v. Construction By Design Corporation
20130955-CA 2 2015 UT App 10
Anderson).1 The Hemingways claim that the district court improperly interpreted a damages waiver in a construction contract to preclude th... More...
   $0 (01-15-2015 - UT)

William E. Bolden v. John and Jane Doe

¶1 William Bolden is the putative father of a child (J.S.) born in 2011. The case before us on appeal is an adoption proceeding involving John and Jane Doe, the would-be adoptive parents of J.S. Bolden tried to intervene in and object to the Does‘ adoption of J.S. He was barred from doing so because he failed to preserve his legal rights as a father by filing a paternity affidavit within the ti... More...    $0 (11-04-2014 - UT)

Utah Department of Transportation v. Walker Development Partnership

¶1 In 1992, the Utah Department of Transportation (UDOT)
condemned property belonging to Walker Development
Partnership. After nearly twenty years of litigation between UDOT
and Walker, UDOT moved to exclude evidence that it took
property not identified in the 1992 Condemnation Resolution. The
district court granted UDOT’s motion to exclude. We affirm.
UDOT v. Walker Dev... More...
   $0 (02-06-2014 - UT)

Robert Keith Levin v. Hope M. Carlton-Levin

¶1 Hope M. Carlton-Levin (Wife) appeals a trial court order
reducing, and eventually terminating, her alimony based on a
finding of cohabitation. We affirm.
Levin v. Carlton-Levin
2. Wife challenged the amount of alimony and other aspects of the
divorce decree in a prior appeal. See Levin v. Carlton, 2009 UT App
170, 213 P.3d 884. We affirmed and awarded Husband attorney f... More...
   $0 (01-09-2014 - UT)

M.K. v. Sean Doyle

¶1 Sean Doyle appeals the trial court’s grant of M.K.’s petition
for a civil stalking injunction against him. We affirm.
¶2 In order to obtain a civil stalking injunction, M.K. was
required to prove, by a preponderance of the evidence, that Doyle
intentionally or knowingly engaged in a course of conduct directed
at her that he knew or should have known would cause a
r... More...
   $0 (07-03-2014 - UT)

Utah Department of Transportation v. Michael M. Carlson

¶1 This case presents the question whether the Utah Depart-ment of Transportation (UDOT) has the authority to use the pow-er of eminent domain to condemn private property in excess of that needed for a transportation project. The condemnation at is-sue involved a fifteen-acre parcel owned by Michael Carlson. UDOT condemned the whole parcel despite the fact that it needed only 1.2 acres for its pl... More...    $0 (06-24-2014 - UT)

Hornady Manufacturing Company, Inc. v. Doubletap, Inc.

Plaintiff–Appellant Hornady Manufacturing Company, Inc., appeals from a district court order granting summary judgment to Defendant–Appellee DoubleTap, Inc., on Hornady’s trademark infringement claims. Our jurisdiction arises under 28 U.S.C. § 1291, and we affirm.

Background

Hornady was founded in 1949 by Joyce Hornady. Aplt. App. 1047. Since that time, Hornady has manufacture... More...
   $0 (03-19-2014 - UT)

Utah Department of Transportation v. Walker Development Partnership

¶1 In 1992, the Utah Department of Transportation (UDOT) condemned property belonging to Walker Development Partnership. After nearly twenty years of litigation between UDOT and Walker, UDOT moved to exclude evidence that it took property not identified in the 1992 Condemnation Resolution. The district court granted UDOT’s motion to exclude. We affirm.

UDOT v. Walker Development

2... More...
   $0 (02-06-2014 - UT)

Robert C. Bonnet v. Harvest (US) Holdings, Inc.

The issue before us is whether a subpoena duces tecum served on a non-party Tribe and seeking documents relevant to a civil suit in federal court is itself a “suit” against the Tribe triggering tribal sovereign immunity. Exercising jurisdiction under 28 U.S.C. § 1291, pursuant to the collateral order doctrine, we hold the answer is yes. We therefore reverse the district court’s denial of th... More...    $0 (01-28-2014 - UT)

Robert Keith Levin v. Hope M. Carlton-Levin

¶1 Hope M. Carlton-Levin (Wife) appeals a trial court order reducing, and eventually terminating, her alimony based on a finding of cohabitation. We affirm.

Levin v. Carlton-Levin

2. Wife challenged the amount of alimony and other aspects of the divorce decree in a prior appeal. See Levin v. Carlton, 2009 UT App 170, 213 P.3d 884. We affirmed and awarded Husband attorney fees incurr... More...
   $0 (01-16-2014 - UT)

David Lee Lamoreaux v. Black Diamond Holdings, LLC

¶1 David Lee Lamoreaux appeals from the district court’s order dismissing this action, which Lamoreaux originally initiated against Black Diamond Holdings, LLC (Black Diamond) in 2008. After a bench trial but before any ruling on the merits, Black Diamond purchased Lamoreaux’s interest in the action at a judicial sale and successfully moved to be substituted as the party plaintiff. Black Diam... More...    $0 (02-07-2013 - UT)

Michael O. Leavitt v. Jane L.

The State of Utah seeks review of a ruling by the Court of Appeals for the Tenth Circuit which declared invalid a provision of Utah law regulating abortions "[a]fter 20 weeks gestational age." Utah Code Ann. Section(s) 76-7-302(3) (1995). The court made that declaration, not on the ground that the provision violates federal law, but rather on the ground that the provision was not severable from a... More...    $0 (06-17-1996 - UT)

Utah Department of Transportation v. Admiral Beverage Corporation

¶1 The Utah Department of Transportation (UDOT) condemned real property belonging to Admiral Beverage Corporation (Admiral) as part of the reconstruction of the Interstate 15 freeway (I-15). Admiral is entitled to compensation from the state for the taking of its property. In the district court, Admiral sought to introduce evidence of the fair market value of its property, including evidence of i... More...    $0 (10-18-2011 - UT)

Marion Energy, Inc. v. KFJ Ranch Partnership

¶1 Appellants, Marion Energy, Inc. (Marion) and the State of Utah School and Institutional Trust Lands Administration (the Trust), lease and own oil and gas deposits that lie underneath property owned by the KFJ Ranch Partnership (KFJ). In order to build a road to access these deposits, Marion and the Trust seek to condemn a portion of KFJ’s land. To do so, they rely upon a statute that permits... More...    $0 (08-19-2011 - UT)

Marion Energy, Inc. v. KFJ Ranch Partnership

¶1 Appellants, Marion Energy, Inc. (Marion) and the State of Utah School and Institutional Trust Lands Administration (the Trust), lease and own oil and gas deposits that lie underneath property owned by the KFJ Ranch Partnership (KFJ). In order to build a road to access these deposits, Marion and the Trust seek to condemn a portion of KFJ’s land. To do so, they rely upon a statute that permits... More...    $0 (07-12-2011 - UT)

Harold Selman v. Box Elder County

¶1 Fred, Laura, and Bret Selman, petitioners in this case, are principals of Harold Selman, Inc. (collectively, the “Selmans”). The Selmans own property that is bisected by the border of Box Elder County and Cache County. Running through the property is a trail that connects the cities of Mantua and Paradise. In 2007, both counties passed resolutions designating the trail as a county road. Sh... More...    $0 (03-29-2011 - UT)

Bob & Sherri Bahr v. Jim & Melodee Imus v.

¶1 Rob and Sherri Bahr and Ione Senn (the “Bahrs”) filed this suit to challenge the location of the boundary between their residential property and that of their neighbors, Jim and Melodee Imus.

The district court entered summary judgment in favor of the Imuses, concluding that the Bahrs were precluded from challenging the boundary established by a fence on the property under the doctr... More...
   $0 (04-01-2011 - UT)

Koch Industries, Inc. v. John Doe, 1-25

This matter is before the court on Defendants’ Motion to Quash Subpoenas, Issue Protective Order, and Dismiss Complaint. The court held a hearing on the motions on April 28, 2011. At the hearing, Plaintiff was represented by Juliette P. White and Judith Powell, and Defendants were represented by Deepak Gupta and Lester A. Perry. The court took the motion under advisement. The court has carefully... More...    $0 (05-11-2011 - UT)

Jason Wright v. Compgeeks.com d/b/a Computer Geeks

Russell A. Cline and Crippen & Cline L.C. appeal from the district court’s order awarding attorney’s fees to CompGeeks.com, a California corporation doing business as Computer Geeks, as a sanction under Fed. R. Civ. P. 11, the local rules, and the court’s inherent powers. Exercising jurisdiction under 28 U.S.C. § 1291, we vacate the sanction award and remand for further proceedings.

... More...
   $0 (05-04-2011 - UT)

Dana Brewster v. D. Steven Brewster

¶1 Defendants D. Steven Brewster (Steven), Gary B. Brewster (Gary), and Millcreek Coffee Airport, LLC (the Airport LLC) seek interlocutory review of the trial court's denial of Millcreek Coffee Roasters Corporation's (Roasters) motion to dismiss the derivative action brought by Plaintiff Dana Brewster (Dana). We reverse.

BACKGROUND

¶2 Roasters was formed in 1996 by Steven and D... More...
   $0 (09-23-2010 - UT)

Southern Utah Wilderness Alliance, et al. v. The Automated Geographic Reference Center, et al.

¶1 The Southern Utah Wilderness Alliance (SUWA) appeals the district court’s order affirming the State Records Committee’s denial of records sought by SUWA from The Automated Geographic Reference Center (AGRC) pursuant to the Government Records Access and Management Act (GRAMA). The district court denied summary judgment to SUWA and granted summary judgment to the AGRC. We reverse.

BAC... More...
   $0 (12-23-2008 - UT)

Provo City v. Kay J. Ivie

¶1 In 2002, Provo City sought to condemn Appellants' property to build a road and bike path that would connect two existing Provo streets. Because their property is in an unincorporated area of Utah County, Appellants disputed Provo's right to condemn the property. Provo City moved for immediate occupancy, which was granted, although the trial court stayed enforcement to allow Appellants to pursu... More...    $0 (07-25-2008 - UT)

Nan Elder, individually, and as personal representative of The Estate of Shelly Elder, and on behalf of Amy Elder, et al. v. Nephi City, by and through Mayor Chad Brough, City Councilmen Mike Jones, Darren Peterson, Richard Paxman, Brent Bowles, and Jim Wilkey, Union Pacific Railroad Company

1 Mr. Shelley Elder was killed on a Union Pacific Railroad railway track in Nephi City, Utah, when the dump truck he was driving was struck by a ninety-one-car freight train. Mr. Elder's widow, Mrs. Nan Elder, contends that her husband's death was caused by the negligence of the Railroad and Nephi. According to Mrs. Elder, her husband would not have lost his life had a line of trees locate... More...    $0 (06-12-2007 - UT)

Angela M. Leonard, Personal Represenative of the Estate of Roy F. Leonard; Aetna Mortgage Consultants, Inc. v. Sunset Mortgage

Plaintiffs Angela M. Leonard, as personal representative for the estate of her deceased husband, Roy F. Leonard, and Aetna Mortgage Consultants, Inc., the couple's wholly-owned mortgage corporation, (Leonard Parties) sued defendant Sunset Mortgage for breach of contract, alleging that Sunset Mortgage owed Mr. Leonard unpaid commissions. Upon consideration of cross-motions for summary judgment, ... More...    $0 (01-16-2007 - UT)

San Juan County, Utah v. United States of America, Department of the Interior

In this federal quiet title action brought pursuant to 28 U.S.C. 2409a, San Juan County, Utah ("San Juan") seeks both to quiet title in a right-of-way along a portion of Salt Creek running through the Canyonlands National Park, and a declaratory judgment that the National Park Service ("NPS") cannot use a gate to restrict San Juan's right-of-way. Three conservation groups, the Southern Utah W... More...    $0 (08-31-2005 - UT)

The Skull Valley Band of Goshute Indians and Private Fuel Storage, L.L.C. v. Dianne R. Nielson, et al.

The Governor and Attorney General of Utah, along with Utah environmental and transportation officials, appeal the district court's ruling that the state's statutes regulating the storage and transportation of spent nuclear fuel are preempted by federal law. See Skull Valley Band of Goshute Indians v. Leavitt, 215 F. Supp. 2d 1232 (D. Utah 2002). The Utah officials argue that the district court ... More...    $0 (08-05-2004 - UT)

Provo City v. Kay J. Ivie, Devon R. Ivie, Kristine J. Lee, Edward R. Lee, Spring Canyon Limited Partnership, Canyon Acres Limited Partnership, Robert Lee Kenner, and Kirma P. Kenner

1 This appeal addresses the question of whether Provo City possesses the eminent domain power to condemn property located outside its incorporated boundaries. Because Provo City has presented no evidence that it is a chartered city, it is not entitled to exercise the eminent domain powers granted to municipalities under article XI, section 5 of the Utah Constitution. Moreover, Provo City has... More...    $0 (04-21-2004 - UT)

Laura Bakanowski v. Paul F. Bakanowski

Paul F. Bakanowski (Husband) appeals from the alimony provisions in a decree of divorce, arguing that the trial court failed to make adequate findings and failed to apply the appropriate test in awarding alimony. Because we agree that the trial court abused its discretion in awarding alimony, we reverse and remand.

BACKGROUND

2 Husband and Laura Bakanowski (Wife) were married for approx... More...    $0 (10-27-2003 - UT)

Utah Department of Transportation v. John Stathis

Eminent domain (condemnation) action by the Utah Department of Transportation seeking to condemn right-of-way for the construction of the Legacy Highway. The State of Utah offered John Stathis $266,000 for three acres of his land. Stathis wanted $380,000.... More...    $393000 (07-29-2003 - UT)

State of Utah v. Harvey Real Estate

1 We granted a petition for interlocutory appeal filed by defendant Harvey Real Estate, a limited partnership, to review the trial court's determination that defendant was not entitled to introduce certain evidence in an eminent domain proceeding. We also granted a cross-petition filed by plaintiff Utah Department of Transportation (UDOT) to review the trial court's ruling that UDOT had abandoned ... More...    $0 (11-06-2002 - UT)

Toby Gottling v. P.R., Inc. d/b/a Carbmaster and Kelly Peterson

1 We granted this interlocutory appeal to decide whether the trial court correctly ruled that an at will employee who claims to have been discriminated against by her employer and who is unable to seek relief under the Utah Anti-Discrimination Act can pursue a civil action for wrongful termination in contravention of an alleged public policy against sex discrimination.

BACKGROUND

2 Pl... More...    $0 (09-30-2002 - UT)

Cliffs Synfuel Corporation v. Gail Norton, et al.

This appeal by Gail Norton, Secretary of the Interior, from a summary judgment in favor of Cliffs Synfuel Corp. ("Appellee"), requires us to decide whether the district court properly construed provisions of the General Mining Law of 1872, 30 U.S.C. 21, et seq. ("Mining Law"), and the Mineral Leasing Act of 1920, 30 U.S.C. 181 et seq. ("Leasing Act"), in light of the Court's interpretation o... More...    $0 (06-03-2002 - UT)

Gene S. Jacobsen v. Deseret Book Company

Dr. Gene S. Jacobsen was a prisoner of war in the Philippines and Japan during World War II. After returning from military service, Dr. Jacobsen wrote his personal memoir entitled Who Refused to Die. In gripping detail, Who Refused to Die recounts Dr. Jacobsen's survival of the Bataan Death March and subsequent years of imprisonment and torture in various work camps.

In 1997, Deseret Book Compa... More...    $0 (04-22-2002 - UT)

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