AVERETT v. UTAH COUNTY DRAINAGE DIST. NO. 1

No. 880239-CA.

763 P.2d 428 (1988)

William AVERETT and Marie A. Averett, Plaintiffs and Appellants, v. UTAH COUNTY DRAINAGE DISTRICT NO. 1, a corporation, Defendant and Respondent, Intermountain Power Agency, Intervenor.

Court of Appeals of Utah.

October 26, 1988.


Attorney(s) appearing for the Case

Allen K. Young, Springville, Michael J. Petro, Aldrich, Nelson, Weight & Esplin, Provo, for plaintiffs and appellants.

David D. Jeffs (argued), Jeffs and Jeffs, Provo, for defendant and respondent.

M. Byron Fisher, Salt Lake City, for Intermountain Power Agency.

Before BILLINGS, BENCH and ORME, JJ.


BILLINGS, Judge:

Appellants, William and Marie Averett, appeal from the trial court's dismissal of their action to quiet title through adverse possession to two acres of land. The trial court determined respondent, the Drainage District, held the land for public use and, therefore, the Averetts could not acquire title by adverse possession. Alternatively, the trial court concluded the Averetts failed to prove they had acquired title by adverse possession. We affirm...

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