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STATE v. HCIC

No. 20000413.

52 P.3d 1257 (2002)

2002 UT 75

STATE of Utah, Department of Natural Resources, Division of Wildlife Resources, Plaintiff and Appellant, v. HUNTINGTON-CLEVELAND IRRIGATION CO., Defendant and Appellee.

Supreme Court of Utah.

Rehearing Denied July 30, 2002.

Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Michael M. Quealy, Norman K. Johnson, Martin B. Bushman, Asst. Att'ys Gen., Salt Lake City, for plaintiff.

J. Craig Smith, David B. Hartvigsen, Salt Lake City, for defendant.

RUSSON, Justice:

¶ 1 The Utah Department of Wildlife Resources ("DWR"), a shareholder in the Huntington-Cleveland Irrigation Company ("HCIC"), filed a complaint to challenge unequal share assessments levied by HCIC and the reduction of DWR's voting rights. The trial court dismissed the complaint, finding that the statute of limitations precluded the claims asserted therein. We reverse and remand.

BACKGROUND

¶ 2 When determining whether...

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