BIG COTTONWOOD TANNER DITCH CO. v. HYLAND RLTY., INC.

No. 8891.

8 Utah 2d 341 (1959)

334 P.2d 755

BIG COTTONWOOD TANNER DITCH COMPANY, A CORPORATION, AND LITTLE COTTONWOOD TANNER DITCH COMPANY, A CORPORATION, PLAINTIFFS AND APPELLANTS, v. HYLAND REALTY, INC., A UTAH CORPORATION, AND SALT LAKE COUNTY, A MUNICIPAL CORPORATION, DEFENDANTS AND RESPONDENTS.

Supreme Court of Utah.

January 27, 1959.


Attorney(s) appearing for the Case

Moffat, Iverson & Elggren, Salt Lake City, for appellants.

Frank E. Moss, County Atty., John L. Black, Asst. County Atty., Salt Lake City, for respondents.


HENRIOD, Justice.

Appeal from a declaratory judgment. Affirmed in part and reversed in part. No costs awarded.

Plaintiffs are irrigation companies furnishing water to agricultural consumers in Salt Lake County. Defendant Hyland Realty subdivided a parcel of farm land adjacent to and west of plaintiffs' canal for residential purposes. This called for an access road across the canal which was dedicated to, accepted and thereafter maintained by the County for...

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