Utah Supreme Court hears dispute over use of reserved sand, gravel and clay on Traverse Mountain

The Utah Supreme Court heard argument in Genesis Aggregates v. Toll Southwest over whether a developer may use sand, gravel and clay found on a tract when an earlier deed reserved half those deposits to a co‑owner.

Kara Porter, counsel for the Genesis entities, told the court that Toll Southwest “used our 50% to do that,” arguing the developer removed and deployed the co‑owner’s portion of subsurface materials to construct homes and yards on the tract. Justin Starr, counsel for Toll Southwest, answered that the reservation of sand, gravel and clay does not create an “exclusive right to use” and that Lehi City zoning and ordinances limit any present ability to extract and sell those deposits.

Why it matters: the case turns on how courts treat reservations of sand, gravel and clay in deeds, a question that determines whether surface development that regrades or relocates subsurface material creates liability (and damages) to a separate mineral‑interest owner. The outcome could affect property valuations and development practices across Traverse Mountain and other Utah communities where split estates exist.

Parties’ legal positions and key authorities

Porter pressed the court to read older authority as limiting surface owners’ use when that use “interferes with the mineral owner’s rights,” emphasizing that the developers here removed and used the Genesis entities’ reserved portion to complete grading and backfill. She argued the relevant deed expressly reserved commercial deposits of sand, gravel and clay and…