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STERN v. METROPOLITAN WATER DIST.

No. 20100339.

274 P.3d 935 (2012)

2012 UT 16

Eric STERN, Michaela Stern, Loraine Sundquist Berolatti, Lloyd J. Cummings, Lorraine Cummings, Leland Richins, Linda A. Richins, Anthony A. Costanza, DeVonna Costanza, Roger Chase, Becky Chase, L. Craig Hamada, Susan Hamada, Jeff Darby, and Kim Darby, Plaintiffs and Appellants, v. METROPOLITAN WATER DISTRICT OF SALT LAKE & SANDY, Draper City, and Draper Irrigation Company, Defendants and Appellees.

Supreme Court of Utah.

March 20, 2012.

Attorney(s) appearing for the Case

Stephen K. Christiansen , Kelley M. Marsden , Salt Lake City, for appellants.

W. Cullen Battle , Rachel G. Terry , Rachel S. Anderson , Salt Lake City, for appellee Metropolitan Water District of Salt Lake & Sandy.

Douglas J. Ahlstrom , Benjamin C. Rasmussen , Draper, for appellee Draper City.

David B. Hartvigsen , Matthew E. Jensen , Salt Lake City, for appellee Draper Irrigation Company.

Justice LEE, opinion of the Court:

¶ 1 The Point of the Mountain Aqueduct is a sixty-inch diameter pipeline that runs along the historic Draper Canal and transports culinary water to Salt Lake City and other cities in the Salt Lake Valley. Plaintiffs in this case are homeowners who asserted claims challenging Metropolitan Water District's construction of the aqueduct as exceeding the scope of its real property rights along the canal route. The district court...

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