STAKER v. HUNTINGTON CLEVELAND IRR. CO.

No. 18203.

664 P.2d 1188 (1983)

Melvin J. STAKER, Plaintiff and Respondent, v. HUNTINGTON CLEVELAND IRRIGATION COMPANY, a Utah corporation, Defendant and Appellant.

Supreme Court of Utah.

May 17, 1983.


Attorney(s) appearing for the Case

S.V. Litizzette, Helper, for defendant and appellant.

K.L. McIff, Richfield, for plaintiff and respondent.


STEWART, Justice:

Plaintiff, a shareholder in the defendant irrigation company, filed this action to obtain reimbursement of excessive water fees he paid to the company. Judgment was entered for plaintiff for the overassessments plus prejudgment interest. On appeal, the defendant contends that the trial court erred in denying its motion, made on the morning of trial, to amend its answer to assert for the first time the statute of limitations. Defendant also asserts...

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