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TUTTLE v. OLDS

No. 20060364-CA.

155 P.3d 893 (2007)

2007 UT App 10

William J. TUTTLE, Charlene W. Tuttle, J. Kenton Tuttle, and Lori M. Tuttle, Plaintiffs and Appellants, v. Jerry D. OLDS, Utah State Engineer; Utah Department of Natural Resources; and Terry Monroe, Defendants and Appellees.

Court of Appeals of Utah.

January 11, 2007.

Attorney(s) appearing for the Case

Keith M. Backman and Jack C. Helgesen, Helgesen Waterfall & Jones, Ogden, for Appellants.

Mark L. Shurtleff, atty. gen., and Debra J. Moore, asst. atty. gen., Salt Lake City, for Appellees.

Before BENCH, P.J., GREENWOOD, Associate P.J., and McHUGH, J.

OPINION

BENCH, Presiding Judge:

¶ 1 William J. Tuttle, Charlene W. Tuttle, J. Kenton Tuttle, and Lori M. Tuttle (Plaintiffs) appeal the trial court's granting of a judgment on the pleadings in favor of Jerry Olds, Utah State Engineer; the Utah Department of Natural Resources; and Terry Monroe (Defendants). We reverse in part and affirm in part.

BACKGROUND

¶ 2 This controversy arises from...

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