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LEMHI COUNTY v. MOULTON

Docket No. 44498.

414 P.3d 226 (2018)

LEMHI COUNTY, a political subdivision of the State of Idaho, by the Board of County Commissioners, Robert Cope, Richard Snyder, and John Jakovac, Plaintiff-Counterdefendant, and Verdell Olson; Scott Hartvigson as trustee of the Zenas R. Hartvigson Living Trust, Defendants-Counterclaimants-Cross Defendants-Appellants, v. Phillip F. MOULTON; James Skinner; Pratt Creek Ranch Limited Partnership; Lyle Skinner as trustee of the Ellis Ray Skinner Family Living Trust, Cross Defendants-Cross Claimants-Respondents.

Supreme Court of Idaho, Boise, December 2017 Term.

Filed: March 13, 2018.

Attorney(s) appearing for the Case

Hawley, Troxell Ennis & Hawley, LLP, Pocatello, for appellants. Benjamin C. Ritchie argued.

Frederick H. Snook , Salmon, and Giles & Thompson Law, PLLC, Boise, for respondents. Chip Giles argued.

This is a case about whether and to what extent an uphill landowner can send irrigation wastewater across a downhill landowner's property. This case began when Lemhi County filed suit against the owners of both ranches seeking to relieve flooding along one of its roads. Phillip Moulton owns and operates a ranch that is on higher...

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