MAW v. WEBER BASIN WATER CONSERVANCY DISTRICT

No. 10823.

20 Utah 2d 195 (1968)

436 P.2d 230

ORLO S. MAW, R. JOHN MAW, AND VADEL T. MAW, PLAINTIFFS AND APPELLANTS, v. WEBER BASIN WATER CONSERVANCY DISTRICT, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

January 11, 1968.


Attorney(s) appearing for the Case

Glen E. Fuller, Orval C. Harrison, Salt Lake City, for appellants.

Neil R. Olmstead, Ogden, E.J. Skeen, Reid W. Nielson, Salt Lake City, for respondent.


CALLISTER, Justice:

In 1936, Annie C. Maw, grandmother of appellants, granted the Ogden Duck Club a right of way over her property. The agreement contained, among others, the following provision:

In consideration of nonassessable shooting privileges on said shooting grounds of Grantees on days excepting the opening day, Saturdays, Sundays, and holidays, to be enjoyed by, and hereby granted to, the sons of Grantor named as follows, to wit: Wilmer...

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