Fisher v. Bountiful City
Utah Supreme Court
Appeal from the Second District Court, Davis Comity, Hon. H. H. Rolapp, Jttdge. Action by plaintiff to have his title to certain water quieted and confirmed, and to have the action of the defendant corporation in levying a tax upon plaintiff’s land to pay the expense of distributing the water, and the sale of plaintiff’s property for non-payment declared wrongful and illegal. Cited Sees. 96, 97, 98, and 141, Dillon on Mun.
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Appeal from the Second District Court, Davis Comity, Hon. H. H. Rolapp, Jttdge. Action by plaintiff to have his title to certain water quieted and confirmed, and to have the action of the defendant corporation in levying a tax upon plaintiff’s land to pay the expense of distributing the water, and the sale of plaintiff’s property for non-payment declared wrongful and illegal. Cited Sees. 96, 97, 98, and 141, Dillon on Mun. Corp., Yol. 1. Plaintiff’s right to the use of the water in question is a hereditament appurtenant to land. Irr. Go. v. Ogden City, 8 Utah, 496. . The owner of a ditch has…
1Opinion of the Court 1
After stating the facts,
2Opinion of the Court · MinerMiner, J.
The principal question to be determined is whether *34Bountiful City had the dominion and right under the law, to control, regulate, and distribute plaintiffs’ water in Barton Creek, which naturally flows through a part of the city, for irrigating and other purposes, and the right to tax the land of the owner to pay the expenses of such regulation, controling, and distribution.
It was conceded upon the trial that the proceedings relating to the tax levy and sale thereunder, were illegal, and that if plaintiffs owned the land their title should be quieted therein.
Appellants…
3Cases cited4 opinions
- Bear Lake & River Waterworks & Irrigation Co. v. Ogden CityUtah Supreme Court · 1893
- Holman v. Pleasant Grove CityUtah Supreme Court · 1892
- Charnock v. RoseCalifornia Supreme Court · 1886
- City of Springville v. FullmerUtah Supreme Court · 1891
4Cited by9 opinions
- Bennett v. Twin Falls North Side Land & Water Co.Idaho Supreme Court · 1915
- Davis v. Midvale CityUtah Supreme Court · 1920
- Mt. Olivet Cemetery Ass'n v. Salt Lake CityUtah Supreme Court · 1925
- Thornton v. KingreyNebraska Supreme Court · 1916
- Bartholomew v. Fayette Irr. Co.Utah Supreme Court · 1906
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