Valcarce v. Fitzgerald

AMENDED OPINION

ZIMMERMAN, Justice:

Plaintiff Jim J. Valearce and counterclaim defendant Paul Valearce, Jim’s father, appeal from a decision by the First District Court in Box Elder County that (i) ruled that defendant James B. Fitzgerald and intervenors Fairview “C” Bar Ranch and DeWayne and Joyce Julander (“the Fitzgerald parties”) had a prescriptive right to take water across the Valcarces’ property, (ii) awarded damages to the Fitzgerald parties for the Valcarces’ interference with the water right and enjoined further interference by the Valcarces, and (iii) awarded the Fitzgerald parties…