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eBook details

• Title: Harold G. Schaer v. State Utah
• Author : Supreme Court Of Utah
• Release Date : January 10, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

DURHAM, Justice: This case arose because the plaintiff Harold G. Schaer and Salt Lake City Corporation (hereinafter "Salt Lake City") failed to reach an agreement regarding the purchase of the plaintiffs property for expansion of a proposed park. The dispute focuses on whether the doctrines of res judicata and collateral estoppel preclude the plaintiff from maintaining his present cause of action. The plaintiff instituted the present suit claiming that a certain graded road, commonly referred to as the "dugway road," is a public thoroughfare under U.C.A., 1953, § 27-12-89, which would provide access to the plaintiffs property. The trial court granted the plaintiffs Motion for Summary Judgment, holding that the dugway road is a public thoroughfare under § 27-12-89 and denied the State of Utahs (hereinafter "State") Motion for Summary Judgment based on the doctrines of res judicata and collateral estoppel. Subsequently, the plaintiff and Salt Lake City filed opposing Motions for Summary Judgment claiming, respectively, that the width of the dugway road is fifty and twenty-five and one-half feet. The trial court granted the plaintiffs motion and denied Salt Lake Citys motion. Both the State and Salt Lake City appealed from those rulings, which appeals were consolidated for the convenience of the parties. We affirm in part, reverse in part and remand for further proceedings consistent with this opinion.

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