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DEVIL CREEK RANCH v. CEDAR MESA RESERVOIR

No. 19824.

851 P.2d 348 (1993)

123 Idaho 634

DEVIL CREEK RANCH, INCORPORATED, an Idaho corporation, Plaintiff-Appellant, v. CEDAR MESA RESERVOIR AND CANAL COMPANY, an Idaho corporation, Defendant-Respondent.

Supreme Court of Idaho, Boise, January 1993 Term.

April 28, 1993.

Attorney(s) appearing for the Case

Rosholt, Robertson & Tucker, Twin Falls, for plaintiff-appellant. Justin R. Seamons argued.

Coleman, Ritchie & Robertson, Twin Falls, for defendant-respondent. John S. Ritchie argued.

JOHNSON, Justice.

This is a water rights case in which the trial court granted summary judgment dismissing a declaratory judgment action on the basis of laches. We conclude that there is no showing of the prejudice necessary for the application of laches. We also conclude there is no basis to uphold the trial court's dismissal of the action on the alternate basis of res judicata. Therefore, we vacate the summary judgment and remand the case to the trial court for...

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