Dansie v. Lambert

HENRIOD, Chief Justice:

Appeal from the dismissal of a complaint with prejudice as to all the defendants, including the State Engineer, based on part of the language of Title 73-3-15, Utah Code Annotated 1953, repeated in footnote 1 below. 1 Affirmed with no costs awarded.

Defendants, save for the Engineer, joined in the motion to dismiss. Over plaintiff’s protest, he had awarded the other co-defendants certain water diversion rights in an area in which plaintiff also had rights in the subject area involved,— and it was from such award that plaintiff sought a review in the District Court, 2…