Sullivan v. City of Ulysses

Elliott, J.:

Daniel C. Sullivan, Jr., appeals the trial court’s denial of his request for injunctive relief from a condemnation proceeding. The City of Ulysses (City) is attempting to condemn surface and water rights in Grant County for its municipal water supply.

We affirm.

In 1989, Marie Coffey, who owned the property at the time, contracted with the City for the sale of water. The agreement did not provide for the transfer or lease of water rights; rather, the contract treated the water as personalty. The City then filed an application with the Division of Water Resources (Division) for…