Bell Canyon Acres Homeowners Ass'n v. McLelland

Justice Himonas, opinion of the Court:

*1214 INTRODUCTION

¶1 Good fences, it appears, stop making good neighbors right about where they start to encroach on bridle paths. 3 In this case we are asked to decide whether the Utah Declaratory Judgment Act requires neighbors objecting to such fences to sue all homeowners whose property is subject to the bridle path easement or just those homeowners who have fences (or other improvements) that are alleged to infringe on the path. The district court thought the Act required joinder of all homeowners and therefore declined to enter summary judgment for…