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GUNN HILL v. LA. DEPT. OF WATER & POWER

No. 20090852-CA.

269 P.3d 980 (2012)

2012 UT App 20

GUNN HILL DAIRY PROPERTIES, LLC; Michael J. Cherniske; Aztex Dairy, Inc.; Thomas H. Bell; Margaret H. Bell; Tony Santos; Laura Santos; Joe Viveiros; Robert Viveiros; Tony Cabral; Crossroads Dairy, LLC; Joe Andrade; Gloria Andrade; Milk-King Dairy, LLC; Ron Myers; Jonothan Harker; Hyrum Harker; Merrill Harker; Gardner Family Farm Trust; Kevin Gardner; John M. Silva; Michelle Silva; Alan Conklin; Sue Conklin; John Nye; Daniel Morgan; Danielle Morgan; Tony Stanworth; Conard G. Stanworth and Neree Erickson Stanworth Revocable Family Trust; Kenneth Thatcher; Craig Johnson; and Jacki Johnson, Plaintiffs, Appellants, and Cross-appellees, v. LOS ANGELES DEPARTMENT OF WATER & POWER, Intermountain Power Agency, Intermountain Power Services Corporation, and Southern California Public Power Authority, Defendants, Appellees, and Cross-appellants.

Court of Appeals of Utah.

January 20, 2012.

Attorney(s) appearing for the Case

Richard D. Burbidge and Jefferson W. Gross , Salt Lake City; and Don Howarth and Suzelle M. Smith , Los Angeles, California, for Appellants and Cross-appellees.

Ronald L. Rencher , Gordon Campbell , Mark W. Dykes , Vicki M. Baldwin , and Brandon J. Mark , Salt Lake City; and Dorothy Wolpert , Los Angeles, California, for Appellees and Cross-appellants.

Before Judges ORME, DAVIS, and THORNE.

OPINION

ORME, Judge:

¶ 1 In February 2005, Plaintiffs, a group of present and former owners of dairy farms in Millard County, filed suit against Defendants, who own, operate, or manage the Intermountain Power Plant (IPP) in Millard County or its associated high voltage direct current transmission line. Plaintiffs alleged that stray direct current electricity had been traveling from some IPP source to Plaintiffs' dairy farms, adversely affecting the...

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