Show cC ROADY IN I OGDEN CANYON i County May Establish Highway But Cannot Encroach On Vested Rights DECISION OF JUDGE HOWELL Con I royer County anU Own In the district ZIn Ogden Judge J A this morning court con concerning COnt an fl Important rendered render county count road roul through the t which there has hns been con considerable controversy for a ot of claiming 0 L Weber rod past rIght of WilY way through Og en tour SOur alleged that Il a number o of and I buildings among them be beIng amI hOtel had hll been Winslow tog Ing the thC old s property erected OT on tho county notified all ai owners ot oc to remove thu etc urh uh owners refused to complY tame fame The fhe anti suit In thy thi the request with tho title of whIch was court district against J 3 W Resort company ogden and A S Allen roa road Graham commissioners und the coUntY count visors county count and secured a Weber order from the tho court cry an defendants from tearing fences etc The Tho caso was wa wadoW down the Judge Howell and taken heard by duo doW until this under he rendered the The Tho when reviewing the claims sot Bet BetI court after suit and the parties to th the I forth by a number ot of authorities which bear on 00 similar cases says In Inthe But whatever may be the holding various cases caBes It Is certainlY true truo the tho e has that after the owner of the tho land d IL a patent to his land from the tho the county or other public government body having control of the public hh ways cannot without following the tho lines of any prevIous surveY or plat ar arbitrarily layout lay out on his land n a county road four rods wide simply because the tho tholand theland land lies In a canyon through which n a county count road tour four rods rode wide has been designated limits of which have haye never up to that thih time been fixed as R a matter ot of fact then there was aS never ver an any dedication of ofIL ofa IL a county count road rods wide through the land In here and ind because even een If there thero had been the tights ac b by the In interest ot of the plaintiff on ot of his settle ment on the tho lan lana through which It ran could not be b by such a dedi dedication cation tile the count cannot now noV claim B uch ch n a road It H b by no means follows however that the county cannot claim road at all Indeed It conceded Is even b by counsel fol or the that that tile the county count is 18 entitled to such a road i 1 through its lul et at the place In question an It I has by useIn other I words a as Is rea reasonably to keep the traveled part or oC the road In It remains then for COI the thc court to de lermine In consonance with the ples above aboc enunciated the width pt gf road 1011 taking taIling Into consideration all those circumstances which surround It those which are of advantage e to th the and those thos whIch Inu Inure e to th the ot of the individual leg Int In mind that this Is one of at the highways In Weber county connecting Its two cities as well a as other communities and remembering also the Improvements Involving the x of time and money which haVe a e been een made by the own owners ers of the property through which it fr l r sl m of all t these facts ts it seems n to the c court urt that II a road three thee rods in III wIdth a rO and a halt half each way WIY f from the l Th middle dlO ot of the traveled road Is Ish I to accommodate the tho travel of at ate the h provide tor or the future tutule and permIt e of its s ma maintenance i It Is therefore ordered e that h the do f f H L t Graham and Allen a road su ft a and d the William Villiam WilliamD Cl I h Joseph Stanford and Oscar D B Madsen Iad on all as county na their r successors In office bo be re front from with th the building oro or fences e the he limits ot of the three e rod road I a above ovo d described but that the they y b ho permitted to remove any f OeS onry or within the three and t that the J plaintiff be restrained with I 1111 said In so fO rH ret findings o of t t fact a t conclusions ot of h II uM and be prepared Ii h accord each pat party hereto to pa Its s fees and the tho court the cO coal t of nr the tho transcript PI n COUtt to bo be divided equal It I e 0 fl tim w nil rl II |