WATER: Claims of abandonment through irrigation nonuse or “illegal” use properly rejected… Fritsch/Ritter affirmed. [Read more…]
City annexation, “partial” “contiguous” tracts
CITY ANNEXATION: “Partial” tracts linked by road properly deemed contiguous… no fraud or duress in obtaining annexation waivers in exchange for water… equal protection claim rejected… Gilbert affirmed. [Read more…]
County road, §7-14-2622 creation
COUNTY ROAD: Petitioners failed to provide clear & convincing evidence (or even preponderance) of creation of county road pursuant to §7-14-2622… Rule 52(c) motion granted for landowners following Petitioners’ case-in-chief at bench trial… Huss. [Read more…]
County roads, §7-14-2622 (2009) recognition
COUNTY ROADS: Petitioners seeking recognition of county road across private land per §7-14-2622 (2009) must establish by clear & convincing evidence that it has always been maintained & publicly traveled (1st impression)… Huss. [Read more…]
Water, appropriation notice “error” correction
WATER: Amendment of appropriation notice based on claim that wrong section was listed in 1896 properly denied… Lambert/Loble affirmed. [Read more…]