Morgan v. New Sweden Irrigation District

BURDICK, Chief Justice.

This ease arose after New Sweden Irrigation District (“New Sweden”) mowed the canal banks on Bradley Morgan’s property. Morgan claimed New Sweden negligently damaged his property. New Sweden counterclaimed for a declaratory judgment as to its easement’s existence and scope, and then moved for summary judgment. The Bonneville County district court granted partial summary judgment, holding that New Sweden’s easement was sixteen feet wide and New Sweden was not liable for damaged items within its easement. The district court denied summary judgment as to Morgan’s claim for…