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HAIK v. SANDY CITY

No. 20090451.

254 P.3d 171 (2011)

2011 UT 26

Mark C. HAIK; William S. Hoge; The Butler Management Group; Marvin A. Melville, as Trustee of the Marvin A. Melville Trust, et al., Plaintiffs, Counterclaim Defendants, Appellees, and Cross-Appellants, v. SANDY CITY, Defendant, Counterclaimant, Appellant, and Cross-Appellee. Sandy City, Third-party Plaintiff, Appellant, and Cross-Appellee, v. Lynn Christensen Biddulph and Charles Biddulph, Third-party Defendants.

Supreme Court of Utah.

May 10, 2011.

Attorney(s) appearing for the Case

David C. Wright , John H. Mabey, Jr. , Salt Lake City, UT, for Appellant and Cross-Appellee.

Ronald G. Russell , Rodger M. Burge , Salt Lake City, UT, for Appellee and Cross-Appellant.

Justice NEHRING, opinion of the Court:

INTRODUCTION

¶ 1 This case illustrates the importance of promptly recording a deed to a property right. Sandy City and the Plaintiffs ("Haik Parties") each hold deeds to the same water right. Sandy City recorded an "Agreement of Sale" for the water right in 1977, but did not record the deed until 2004. The Haik Parties purchased the same water right in 2003 and recorded their deed that year. We are asked to determine...

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