Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-01-05
ROADWAY IN
OGDEN CANYON
County May Establish Three-Rod
Halfway, But Cannot Encroaoh
On Vested Rights.
DECISION OF JUDGE HOWELL
.s Ionr Controversy Between
,,..,,or Comfy and Property own
ers in Scenic Resort

Ton s-In the Second district
.,,,rt mi, morning Judge J. A. i'o"e'
soodared an important decisioh
,,,nr the county road through osue'
.o,, over which there has been con-
-,so-oble controversy for COUPE Va
years mast, Weber county ciaiii,l"s
sorr rod right of way through oeue.
a,rvon. and alleged that NUMBER vi
80 md buildings. among them pe-
~. the did Winslow hotel. nau pssn
ne on the county's property ny
commissioners notified all owners ~,
euoh buildings, etc, 10 relhosS
came, The owners refused W r.
let the request and filed SUIT III lhs
VIZ ,s.n,ot court. the title of which was
1aSen Resort company against >. W.
Cstn,1 and A. S. Allen, road super
e.isa.s the county commissioners anu
1,tofor couuty. and secured temper
w. restraining order from the court
yrsventing defendants from tearlns
doyn the fences, etc. Inc case Wa
Sulv heard by Judge Howeli ana ta i.'
under advisement until TINS iuoiii lib
~, ha rendered the decision. me
Will af,er reviewing the claims set
Sorth by the parties to the SUIT atiu
1uofins a number of authorities Whlch
hear on similar cases, says l.,
ant whatever may be the noldlns III
chose various cases, IL Is certainly true
that after the owner of the lana mas
acquired a patent to his land from tne
government. the county, or otner pupilc
body having control of the pubic h'sh-
ways cannot, without following the
lines of any previous survey OF piat, a,
bitrariIy Law out on his land a county
road four rods wide, simply because the
land lies in a canyon through which
county road four rods wide has Deen
designated. but the limits of which nave
never up to that time been fixed.
Both because'as a matter OF fact,
then, there was never any dedication OF
a county road four rods wide through
the land in question here, and because,
even If there had been. the rights ac-
duired by the predecessor IN interest Oh
the plaintiff on Account of his settle
ment on the land through which 1t ran
could not be Invested by such dedi-
cation, the county cannot now claim
such a road. II by no means follows.
however, that the county cannot claim
any road at ALL indeed II Is conceded,
even by counsel for the plaintiff, that
the county is entitled 10 such a road
through its land at the place In question
as II has acquired by use-in other
words, a road of such width as is rea-
sonably necessary to Keep the travelled
part of the road In repair.
1t remains then for the court to de-
termine, In consonance with the prin-
clples above ennnciated. the width of
this road, taking into consideration all
those circumstances which surround 1t.
those which are of advantage to the
county and those which inure to the
benefit of the Individual owner-keep-
Ing In mind that this Is one of the
principal highways In Weber county,
connecting its two cities. as well as
other communities. and remembering
also the Improvements. involving the
expenditure of time and money, which
have been made by the successive own
ers OF the property through which il
goes-mindful of all these facts 1t seems
TO the court that road three rods in
width, rod and a half each way
from the middle of the travelled road. is
sufficient to accommodate the travel of
the present, provide for the future, and
permit of its maintenance.
IL IS therefore ordered that the de-
PENDANTS Graham and Allen. as road SUI
perYlsors, and the defendants William
o. Wilson. Joseph Stanford and Oscar
d. Madison as county commissioners,
ana their successors in office. be re-
strained from interfering with the
building or fences beyond The limits of
me three rod road above described, but
mat they be permitted to remove any
FENCES or distractions within the three
loas and that the plaintiff be restrained
rom interfering with said defendants
in so doing.
Let findings of fact, conclusions OF
hw and decree be prepared in accord
alCe herewith each party hereto to
Pay lls witness fees and the court costs.
including the cost of the transcript or
uYs'ed ny the court, TO be divided equal
" between the PARTIES.