Foianini v. Brinton

MACY, Chief Justice.

Appellant Gino Foianini appeals from a summary judgment entered against him in his action to condemn an irrigation ditch right-of-way located on land owned by Ap-pellee Jay Howard Brinton.

We reverse and remand.

Mr. Foianini presents a single issue for our review:

[D]id plaintiff/appellant Gino Foianini impermissibly split a single cause of action by not bringing the suit to establish the ditch right-of-way by condemnation at the same time that he attempted to establish that right-of-way by prescription?

Mr. Foianini and Mr. Brinton owned adjoining land in Uinta County,…