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Utah Dep’t of Transportation v. LEJ Investments LLC, 2018 UT App 213 (Nov. 8, 2018)

Nov 8, 2018

UDOT filed this condemnation action to obtain land to build a new freeway on the west side of Salt Lake City.  At trial, the district court found that neither sides’ appraisals were reliable.  Nevertheless, at UDOT’s suggestion, the district court used material and testimony from both appraisals to arrive at its own conclusion of value.  UDOT argued on appeal that the district court erred by relying on evidence that it found to be unreliable.  The court acknowledged that there may be some merit to UDOT’s argument, but it affirmed the district court’s ruling because UDOT invited the error.