Hunsaker v. Kersh

RUSSON, Justice:

¶ 1 Plaintiffs brought this interlocutory appeal challenging the district court’s denial of their motion for a preliminary injunction. Plaintiffs assert that the district court applied an improper standard for determining “irreparable harm.” We agree and reverse and remand for application of the correct standard.

BACKGROUND

¶ 2 The plaintiffs in this case (collectively, “the Hunsakers”) own land in Washington County,. Utah. Defendants Robert D. and Lucille H. Kersh own property in the same vicinity. There are two ponds on the Kersh-es’ property. Traditionally, the Hunsakers have…