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FAIRCLOUGH v. SALT LAKE COUNTY

No. 9140.

10 Utah 2d 417 (1960)

354 P.2d 105

ARTHUR W. FAIRCLOUGH, FRED FAIRCLOUGH, ANTHONY M. CRUS, THOMAS CRUS, AND JOHN CRUS, DBA FAIRCLOUGH & CRUS, PLAINTIFFS AND RESPONDENTS, v. SALT LAKE COUNTY, LAMONT B. GUNDERSEN, WILLIAM G. LARSON AND EDWIN Q. CANNON, SR., ROAD COMMISSION OF UTAH, C. TAYLOR BURTON, FRANCIS FELTCH, ERNEST H. BALCH, WILLIAM J. SMIRL AND WESTON E. HAMILTON, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

July 14, 1960.

Attorney(s) appearing for the Case

Ollie McCulloch, County Atty., Salt Lake City, Walter L. Budge, Atty. Gen., Richard R. Boyle, Asst. Atty. Gen., for appellant.

McBroom & Hanni, Salt Lake City, for respondent.

HENRIOD, Justice.

Appeal from denial of a motion to dismiss filed by Salt Lake County and the Utah Road Commission. Sovereign immunity was claimed as a defense. Reversed.

In November, 1956, defendants completed a highway project where the grade allegedly was reduced about 16 feet below plaintiffs' abutting land. Presumably it was a reasonable and necessary exercise of the police power to benefit the community as a whole.

In June, 1959, two and one...

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