WHITE v. RANDALL

No. 20050980-CA.

156 P.3d 849 (2007)

2007 UT App 45

Leon J. WHITE, Plaintiff and Appellant, v. Jerry RANDALL, Defendant and Appellee.

Court of Appeals of Utah.

February 15, 2007.


Attorney(s) appearing for the Case

Reed L. Martineau and David Jason Hawkins, Snow Christensen & Martineau, Salt Lake City, for Appellant.

James G. Clark, Provo, for Appellee.

Before Judges DAVIS, McHUGH, and THORNE.


OPINION

THORNE, Judge:

¶ 1 Leon J. White appeals from the district court's judgment awarding White an easement for the passage of water across appellee Jerry Randall's property but denying White's request that Randall be required to reconstruct a pond on his property for White's benefit. We affirm.

BACKGROUND

¶ 2 White and Randall both purchased their neighboring Sanpete County properties from a common grantor, Kaziah May Hancock...

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