SUBDIVISION: Opinion re-issued to correct statement that County does not dispute that Planning Department failed to provide public notice… Order. [Read more…]
Subdivision, County exemption regulations
SUBDIVISION: County’s regulations require public notice of exemption applications… Lint reversed. [Read more…]
Water, WCA/UDJA attorney fees
WATER: Attorney fees properly denied under Water Use Act, improperly denied under UDJA for lack of tangible object to be possessed… McMahon affirmed, reversed. [Read more…]
Opencut mining, preliminary injunction
OPENCUT MINING: Title 27 preliminary injunction provisions improperly applied to mining challenge when Plaintiff had remedy for similar relief in pending Title 75 action challenging environmental review… Larson reversed. [Read more…]
Water, stock use senior to irrigation
WATER: Stock use right properly found senior to irrigation user… Stephen Brown affirmed. [Read more…]
Rehearing denied in water bottling plant case
REHEARING denied in water bottling plant case… order. [Read more…]
Water bottling plant beneficial use permit, attorney fees
WATER BOTTLING PLANT: Beneficial use permit properly vacated and remanded due to deficiencies material to physical availability of water… attorney fees to Objectors who prevailed after 7 years improperly deemed denied… Seeley affirmed, reversed. [Read more…]
Shared well, contract v. Water Use Act
SHARED WELL: Agreement limiting usage to single family dwelling properly enforced against parties seeking to put in RV park pursuant to contract, not Water Use Act… Olson affirmed. [Read more…]
Real estate, alleged ranch bid rigging
REAL ESTATE: Alleged bid and earnest money deposit irregularities properly rejected on summary judgment as basis for overturning sale of $2.1 million ranch for $495,000… Rule 56(f) “fishing expedition” into auctioneer “bid-rigging” properly denied… Dayton affirmed. [Read more…]