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SANPETE AMERICA, LLC v. WILLARDSEN

No. 20090616.

269 P.3d 118 (2011)

2011 UT 48

SANPETE AMERICA, LLC, Plaintiff and Appellant, v. Christian WILLARDSEN, an individual; Douglas Neeley, an individual; Attorneys' Title Guaranty Fund, Inc., a Colorado Corporation; Enid Graser, an individual; and All Persons Unknown, Claiming Any Legal or Equitable Right, Title, Lien, or Interest in Water Right Nos. 65-920 and 65-1077, or Who Are Adverse to Plaintiff's Title Therein, or Any Cloud Thereon, Defendants and Appellees.

Supreme Court of Utah.

Rehearing Denied October 27, 2011.

Attorney(s) appearing for the Case

J. Craig Smith , Kathryn J. Steffey , Salt Lake City, for plaintiff.

David C. Wright , Salt Lake City, for defendant.

Douglas L. Neeley , Manti, pro se.

Chief Justice DURHAM, opinion of the Court:

INTRODUCTION

¶ 1 This appeal involves the conveyance of a water right with a tortuous history, blunders in the conveyance process, and two successive trial judges, whose rulings were inconsistent on some points but reached the same result: dismissal of the plaintiff's claims. Appellant, Sanpete America, LLC, asks us to reverse aspects of both judges' decisions and hold that it is entitled to damages and attorney...

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