State ex rel. Lassen v. U. S. Land Co.

KRUCKER, Chief Judge.

The State Land Department, plaintiff below, initiated action for a temporary restraining order and permanent injunction to enjoin the appellees, defendants below, from continuing the construction of eight irrigation wells. Both parties filed motions for summary judgment, the lower court granted defendants’ motion and quashed the temporary restraining order issued. From that judgment appellant appeals.

The facts surrounding this appeal have been stipulated to and will be briefly surveyed.

The State Land Commissioner issued an order on April 1, 1965, designating an area lying…