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THORSEN v. JOHNSON

No. 18960.

745 P.2d 1243 (1987)

Harry THORSEN, Plaintiff and Appellant, v. Markay JOHNSON, and Bryce Johnson, individually, and Markay Johnson and Bryce Johnson, dba Gooseberry Estates, a partnership, Defendants and Respondents. GOOSEBERRY ESTATES, a partnership consisting of Tokaco Enterprises (itself a family partnership consisting of William T. Gardner and his children William Todd Gardner, Kari Ann Gardner, and Corrina Ann Gardner), Latigo, Inc., a corporation; Tell W. Gardner; Bryce Johnson; Markay Johnson and Leonard V. Elfervig, all dba Gooseberry Estates, a Utah Partnership, Plaintiffs and Respondents, v. Harry THORSEN and Donald Gates, Defendants and Appellants.

Supreme Court of Utah.

November 5, 1987.

Attorney(s) appearing for the Case

Norman H. Jackson, Richfield, for appellants.

Ken Chamberlain, Richfield, for respondents.

HOWE, Justice:

This is an appeal from a judgment in favor of Gooseberry Estates, a partnership, against Harry Thorsen and Donald Gates (hereinafter Thorsen) for damages to a proposed real estate development in Sevier County caused when Thorsen dredged an inactive irrigation ditch which coursed through the development.

Thorsen was a downstream user of the irrigation water and contended that he had the right to enter upon Gooseberry's property for the lawful...

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