Swasey v. Rocky Point Ditch Co.

MAUGHAN, Justice:

Plaintiffs initiated this action to secure injunctive relief and damages against de*377fendant, a mutual ditch company.1 Defendant counterclaimed, seeking a declaration of its obligation to plaintiffs under the company’s articles of incorporation and the laws of this state. The matter was tried before the court and all issues were determined adversely to plaintiffs’ claims. The judgment of the trial court is affirmed with the exception of the determination concerning the assessment for “new” water, which is remanded for further hearing in accordance with this opinion. All…