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HORSCH v. DE GIULIO

No. 24427.

15 P.3d 1157 (2000)

135 Idaho 149

Kenneth HORSCH, Plaintiff-Appellant, and Eugene M. Higgins, Richard A. Line, Arthur Leisy, Richard Giesbrecht, Elgin Simonson, Kim Wahlen, Scott T. Pierce, Duane Barclay, Max King, Arthur Phillips, Raymond K. Duffin, Dwight W. Horsch, Paul W. Behrend and Brock Driscoll, Plaintiffs, and The Board of Directors of Aberdeen Springfield Canal Company, an Idaho corporation, Defendant-Appellant, v. Alan DE GIULIO, Defendant-Respondent, and John Houghland, Delon Huse, Clarence Schroeder and Charles Shackelford, in their individual capacities, Defendants.

Supreme Court of Idaho, Boise, May 2000 Term.

December 28, 2000.

Attorney(s) appearing for the Case

Ling, Nielsen & Robinson, Rupert; Holden, Kidwell, Hahn & Crapo, Idaho Falls, for appellants. Roger D. Ling argued.

Bevis, Cameron & Johnson, P.A., Boise; Ringert Clark, Chartered, Boise, for respondents. Daniel V. Steenson argued.

SCHROEDER, Justice.

This is an appeal from a district court order entered in 1997 enforcing a 1994 injunction and enjoining the Aberdeen Springfield Canal Company's board of directors from changing or seeking to change the method of water delivery in the canal system from a continuous to non-continuous flow system. The Court vacates the district court order.

I.

BACKGROUND AND PRIOR PROCEEDINGS

The Aberdeen-Springfield Canal Company (ASCC...

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