Utah Department of Transportation v. Security Invest Ltd.
Utah Department of Transportation v. Security Invest Ltd.
Opinion of the Court
1 1 This appeal arises from the trial court's denial of motions by Security Investments Ltd. and William K. Olsen ("defendants") requesting the payment of interest on monies paid to the clerk of court by the Utah Department of Transportation ("UDOT") as consideration for the taking of certain property under Utah's Eminent Domain Statute, Utah Code Ann. §§ 78-84-1 to 20 (1996 & Supp. 1999). We affirm the trial court's denial of interest as against UDOT, since UDOT was no longer a part of the action onee it deposited the money with the court. Moreover, we decline to address defendants' argument that the clerk of court, and/or any other persons in control of the monies deposited by UDOT or any interest earned thereon, should pay such interest to defendants, as such persons are not parties to this appeal.
[ 2 Affirmed.
Reference
- Full Case Name
- UTAH DEPARTMENT OF TRANSPORTATION, and v. SECURITY INVEST LTD., a Utah partnership Washington National Insurance Company, an Illinois corporation Hersch & Company, a California general partnership U.S. Realty 86 Associates, a New Jersey general partnership C and W Manhattan Associates, a Texas limited partnership K-Mart Corporation Stores, Inc., aka MacFrugal's Bargain Stores, Inc., a California corporation. and Appellant Utah Department of Transportation, and v. William K. Olsen U.S. Realty 86 Associates, a general partnership PNS Stores, Inc., aka MacFrugal's Bargain Stores, Inc., a California corporation and Zions First National Bank, a national association. and
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- Published