VANTEX LAND AND DEVELOPMENT COMPANY v. Schnepf

I am unable to agree with the disposition of this case. The problem presented here arises out of conditions peculiar to the desert regions of the western part of this country and is a matter of first impression in this state. It is my conclusion that the majority have adopted and applied a rule of law which is not adapted to the natural and physical conditions of the people of this state and one which in this specific instance achieves an extremely harsh and oppressive result. I am compelled to these conclusions by consideration of facts which’ in part are undisclosed in the majority opinion…