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Court of Appeals hears whether a later eminent‑domain notice can supersede an earlier packet

Utah Court of Appeals Live Stream · November 3, 2025
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Summary

The Utah Court of Appeals heard argument in MFRE v. Saratoga Springs about whether a later municipal notice and packet can supersede an earlier disclosure and restart statutory timing in an eminent‑domain process.

The Utah Court of Appeals heard argument in MFRE v. Saratoga Springs (No. 20250146) over whether a municipality’s later notice and packet can effectively ‘‘replace’’ an earlier disclosure and restart statutory time periods tied to eminent‑domain proceedings.

Appellant counsel James Adam Noor told the three‑judge panel the central question is whether a landowner in a strict‑compliance setting can be left to guess which of multiple, substantially similar notices is operative. "When a person in a strict compliance environment provides a notice that is completely compliant but then muddies the waters with successive notices, the most recent notice controls," Noor said, urging the court to embrace a replacement principle similar to the one used in the Vermont Andrews decision.

The city, represented by counsel Bart *****, replied that the repeated…

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