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BROWN v. DIVISION OF WATER RIGHTS

No. 20080995.

228 P.3d 747 (2010)

2010 UT 14

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

Supreme Court of Utah.

March 9, 2010.

Attorney(s) appearing for the Case

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

Mark L. Shurtleff, Att'y Gen., Norman K. Johnson, Richard K. Rathbun, Julie I. Valdes, Asst. Att'ys Gen., Salt Lake City, for defendants the Division of Water Rights and Jerry D. Olds.

James A. McIntyre, Richard R. Golden, Sarah E. Viola, Salt Lake City, for defendant James A. McIntyre.

DURRANT, Associate Chief Justice:

INTRODUCTION

¶ 1 This case comes to us on writ of certiorari and presents important issues regarding the interaction between our substantive standing requirements and the standard of review applicable at various procedural stages of litigation. Lawrence and Marilyn Brown, together with Joseph and Kathleen Sorensen (collectively, the "Browns"), filed this action to challenge James McIntyre's construction of a bridge...

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