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KUNZ v. UTAH POWER & LIGHT CO.

No. 18076.

792 P.2d 926 (1990)

117 Idaho 901

Wayne KUNZ; Olive Kunz; Glenn V. Turner; Carol Turner, Plaintiffs-Appellants, v. UTAH POWER & LIGHT COMPANY, Defendant-Respondent.

Supreme Court of Idaho.

April 3, 1990.

Attorney(s) appearing for the Case

Racine, Olson, Nye, Cooper & Budge, Pocatello, for appellants. Louis F. Racine, Jr., argued.

Merrill & Merrill, Pocatello, for respondent. Stephen S. Dunn argued.

Webb, Burton, Carlson, Pedersen & Webb, Twin Falls, for amicus Salmon River Canal Co. Lloyd J. Webb argued.

Hon. Jim Jones, Attorney General, Boise, for amicus Department of Water Resources. Deputy Atty. Gen. John W. Homan argued.

BAKES, Chief Justice.

This case concerns an action brought in federal court by Kunz and various other landowners ("landowners") against Utah Power & Light Company ("Utah Power") for damages to real and personal property caused when Utah Power discharged water from an artificial storage system into a natural stream channel thereby flooding the riparian landowners' property. The United States District Court dismissed all...

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