Higday v. Nickolaus

SHANGLER, Presiding Judge.

This appeal is from a judgment dismissing plaintiffs’ Petition for Declaratory Judgment and Injunction. The judgment of dismissal was entered upon defendant City’s Motion to Dismiss which alleged that plaintiffs’ petition failed to plead either a justiciable controversy or any claim upon which relief could be granted. The questions raised on this appeal are: whether the averments of the petition entitle plaintiffs, to a judicial declaration of their rights to the percolating waters underlying their lands, and if so, whether defendant City’s threatened use of the…