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STATE ROAD COM'N OF UTAH v. UTAH POWER & LIGHT CO.

No. 9136.

10 Utah 2d 333 (1960)

353 P.2d 171

STATE ROAD COMMISSION OF UTAH, PLAINTIFF AND APPELLANT, v. UTAH POWER & LIGHT COMPANY, A CORPORATION, MOUNTAIN FUEL SUPPLY COMPANY, A CORPORATION, AND THE MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, A CORPORATION, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

May 26, 1960.

Attorney(s) appearing for the Case

Walter L. Budge, Atty. Gen., of Utah, Franklyn B. Matheson, Robert S. Campbell, Jr., Assts. Atty. Gen., Merlin R. Lybbert, Robert Porter, Jr., Salt Lake City, for appellant.

Gerald Irvine, S.G. Baucom, B.Z. Kastler, Jr., Calvin L. Rampton, Salt Lake City, Sam Cline, Milford, S.N. Cornwall, Salt Lake City, Luis R. Rovira, Denver, Colo., for respondent.

HARDING, District Judge.

State Road Commission of Utah filed an action under the declaratory judgment act to determine the validity of Chapter 53 of the 1957 Session Laws of Utah, now Section 27-2-7, Subsection (22), Utah Code Annotated, 1953, commonly known as the Utility Relocation Act. Summary judgment was rendered in favor of the defendants, holding the Utility Relocation Act to be valid, and ordered the State Road Commission to reimburse the defendant utility...

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