01/19/95 Draper City V. Estate Fannie Bernardo

Draper City and several individuals commenced this action to have what is known as the Lower Corner Canyon Road, which lies within the City's limits, declared to have been dedicated and abandoned to the use of the public pursuant to Utah Code Ann. § 27-12-89 (1989) on the ground that it had been continuously used as a public thoroughfare for a period of ten years. Defendant Paul L. Bernardo, personal representative of the Estate of Fannie Bernardo, Jimmy T. Bernardo, and John A. Bernardo, along with thirty others, own property adjacent to the road, which is 14,000 lineal feet, or 2.65 miles, long. The trial court ordered each of the other property owners whose property "adjoined, abutted, or was crossed by" the road to join the action as either defendants or plaintiffs. Each owner consequently joined either as a plaintiff by election or as a defendant by election.