Opinion
No. 990369. No. 990652.
Filed December 12, 2000.
Appeal from the Second District Court, Davis County, The Honorable Darwin C. Hansen. The Honorable Rodney S. Page.
Jan Graham, Att'y Gen., Steven C. Ward, Steven F. Alder, Asst. Att'ys Gen., Brent Johnson, Salt Lake City, for plaintiff.
George K. Fadel, Bountiful, for defendants.
¶ 1 This appeal arises from the trial court's denial of motions by Security Investments Ltd. and William K. Olsen ("defendants") requesting the payment of interest on monies paid to the clerk of court by the Utah Department of Transportation ("UDOT") as consideration for the taking of certain property under Utah's Eminent Domain Statute, Utah Code Ann. §§ 78-34-1 to -20 (1996 Supp. 1999). We affirm the trial court's denial of interest as against UDOT, since UDOT was no longer a part of the action once it deposited the money with the court. Moreover, we decline to address defendants' argument that the clerk of court, and/or any other persons in control of the monies deposited by UDOT or any interest earned thereon, should pay such interest to defendants, as such persons are not parties to this appeal.
¶ 2 Affirmed.
¶ 3 Chief Justice HOWE, Associate Chief Justice RUSSON, Justice DURRANT, and Justice WILKINS concur in Justice DURHAM'S opinion.