Baugh v. Garl

Opinion

GILBERT, P. J.

Parties litigate their dispute over water rights despite a settlement agreement signed years earlier. The trial court resolves the dispute by enjoining the defendant from tapping into plaintiffs’ pipeline that carries water to plaintiffs’ property. Because the action is one in equity, defendant is not entitled to a jury trial. Plaintiffs are entitled to attorney fees because they sought to enforce the settlement agreement, which contains an attorney fees clause. We affirm.

FACTS

Jeanette Keiper, as trustee for her family trust, is the owner of a 20-acre parcel of property…