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BROWN v. DIVISION OF WATER RIGHTS

No. 20070474-CA.

195 P.3d 933 (2008)

2008 UT App 353

Lawrence BROWN, Marilyn Brown, Joseph Sorenson, and Kathleen Sorenson, individuals, Plaintiffs and Appellants, v. DIVISION OF WATER RIGHTS of DEPARTMENT OF NATURAL RESOURCES; Jerry D. Olds, in his capacity as the Utah State Engineer; and James A. McIntyre, an individual, Defendants and Appellees.

Court of Appeals of Utah.

October 2, 2008.

Attorney(s) appearing for the Case

Alexander Dushku, Benson L. Hathaway, Peter C. Schofield, and Justin W. Starr, Salt Lake City, for Appellants.

Richard R. Golden and Sarah E. Viola, Salt Lake City, for Appellee McIntyre.

Before THORNE, Associate P.J., BILLINGS, and DAVIS, JJ.

OPINION

BILLINGS, Judge:

¶ 1 Plaintiffs Lawrence Brown, Marilyn Brown, Joseph Sorenson, and Kathleen Sorenson appeal the trial court's order dismissing their case against Defendants James A. McIntyre, the Division of Water Rights of the Department of Natural Resources (the Division), and Jerry D. Olds in his capacity as the Utah State Engineer, for lack of standing. We affirm.

BACKGROUND

¶ 2 Plaintiffs and McIntyre are neighbors...

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