Swasey v. Rocky Point Ditch Co.

HALL, Chief Justice:

This is a second appeal of this case, having been remanded by this Court and reheard below on the issue of whether defendant company’s assessment to plaintiffs for the costs of distribution of “new” water through defendant’s irrigation ditches was reconcilable with the terms prescribed by U.C.A., 1953, § 73-1-9.1 Inasmuch as the facts regarding the background of the case are undisputed, we adopt the statement of facts set forth in the first opinion by Justice Maughan:

Plaintiffs initiated this action to secure injunctive relief and damages against defendant, a mutual ditch…