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DANSIE v. CITY OF HERRIMAN

No. 20050024.

134 P.3d 1139 (2006)

2006 UT 23

J. Rodney DANSIE, Almon P. Butterfield, Robert Ernest, James E. Miller, Loriann Warner, Diane Harward, Cloyd James ("C.J.") Butterfield, Shane T. Butterfield, Herbert T. Butterfield, Everett T. Parry, Michael Sweat, Sherwood Butterfield, Donna A. Eastman, Herriman Pipeline Development Company, Clyde W. Butterfield, David S. Bastian, Clinton S. Butterfield, Lorraine Alires, and Mary E. Cordova, Plaintiffs and Appellants, v. CITY OF HERRIMAN, Lynn Egbert, Eric May, James Newman, Lynn Carne, John Doe individuals 1-100, Doe corporations 1-100, Doe governmental entities 1-100, Defendants and Appellees.

Supreme Court of Utah.

April 18, 2006.

Attorney(s) appearing for the Case

Michael M. Later, Las Vegas, Nevada, for appellants John N. Brems, R. Willis Orton, Christopher S. Hill, Salt Lake City, for appellee City of Herriman.

Peter Stirba, Gary R. Guelker, Salt Lake City, for appellees Egbert, May, Newman, and Carne.

NEHRING, Justice:

INTRODUCTION

¶ 1 The City of Herriman was added to the roster of Utah cities in 1999. Soon thereafter, Herriman decided that it would provide water to its residents through a municipal water system. At the time, Herriman owned no water, no wells, nor any delivery infrastructure, but the Herriman Pipeline and Development Co. ("Company") did. The City set about to acquire the Company's assets. It succeeded, much to the distress of a...

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