MOON LAKE WATER USERS ASSOCIATION v. HANSON

No. 13785.

535 P.2d 1262 (1975)

MOON LAKE WATER USERS ASSOCIATION, a corporation, Plaintiff and Appellant, v. Lester HANSON and Vera H. Gagon, as Trustees in Trust for the Use and Benefit of the children and heirs, devisees and legatees of Paul S. Hanson, Deceased, et al., Defendants and Respondents.

Supreme Court of Utah.

May 9, 1975.


Attorney(s) appearing for the Case

E.J. Skeen, Skeen & Skeen, Joseph Novak, Salt Lake City, for plaintiff-appellant.

Clair M. Aldrich, Aldrich & Nelson, Provo, George E. Stewart, Roosevelt, for defendants-respondents.


MAUGHAN, Justice:

In January of 1963, plaintiff filed an action against Lester Hanson and Vera H. Gagon, as trustees, and against Gordon Hanson and his wife, hereafter Hanson, for the purpose of condemning land for a reservoir site. The action was brought pursuant to the provisions of 73-1-6, U.C.A. 1953, as amended, which provides that any person may acquire, by eminent domain, a right of way for ditches, reservoirs, etc. 73-1-5 says that the use of water for beneficial...

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