BINGHAM v. ROOSEVELT CITY CORP.

No. 20081061.

235 P.3d 730 (2010)

2010 UT 37

Melvin BINGHAM, Glenda Bingham, Howard Horrocks, Ila Faye Horrocks, Virginia Houston, Fern Oberhansly Labrum, Kent Nelson, George Richins, and Loraine Richins, Plaintiffs and Appellants, v. ROOSEVELT CITY CORPORATION, Defendant and Appellee.

Supreme Court of Utah.

May 14, 2010.


Attorney(s) appearing for the Case

J. Craig Smith, Kathryn J. Steffey, Bryan C. Bryner, Salt Lake City, for plaintiffs.

David L. Church, Salt Lake City, for defendant.

Donald E. McCandless, Provo, for amici Living Rivers and Great Basin Water Network.


DURRANT, Associate Chief Justice:

INTRODUCTION

¶ 1 In this case, several individuals who own property in the North Hayden Area (collectively, the "North Hayden Group" or the "Group") appeal the district court's grant of summary judgment against them. The North Hayden Group alleges that nearby Roosevelt City (the "City") has diverted water from the Neola-Whiterocks aquifer in a manner that lowers the surrounding water table and makes the soil less saturated...

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