VALCARCE v. FITZGERALD

Nos. 960144, 960201.

961 P.2d 305 (1998)

Jim J. VALCARCE, Plaintiff and Appellant, v. James B. FITZGERALD, Defendant and Appellee. James B. FITZGERALD, Counterclaim Plaintiff, v. Paul VALCARCE, Jim J. Valcarce, and Paul C. Valcarce, Counterclaim Defendants and Appellant. Fairview "C" Bar Ranch, a Utah general partnership, DeWayne Julander, and Joyce Julander, Intervenors.

Supreme Court of Utah.

June 26, 1998.


Attorney(s) appearing for the Case

Jim J. Valcarce, Bethel, AK, pro se.

Richard C. Skeen, Robert W. Payne, Salt Lake City, for James Fitzgerald and intervenors.

Ralph J. Marsh, Salt Lake City, for Paul Valcarce.


AMENDED OPINION

ZIMMERMAN, Justice:

Plaintiff Jim J. Valcarce and counterclaim defendant Paul Valcarce, Jim's father, appeal from a decision by the First District Court in Box Elder County that (i) ruled that defendant James B. Fitzgerald and intervenors Fairview "C" Bar Ranch and DeWayne and Joyce Julander ("the Fitzgerald parties") had a prescriptive right to take water across the Valcarces' property, (ii) awarded damages to the Fitzgerald parties for...

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