Village of Four Seasons Ass'n v. Elk Mountain Ski Resort, Inc.

OPINION BY STABILE, J.:

Appellant, Elk Mountain Ski Resort, Inc.’ (Elk) draws water for snowmaking from one of its ponds (Elk Pond), which is connected via a breached berm to the lake (Village Lake) of the Appellee Village of Four Seasons (Village). As part of a larger dispute between Elk and Village, Village moved for an injunction to stop Elk from drawing water from Village Lake. The trial court granted Village’s cross-motion for partial summary judgment, enjoined Elk from drawing water, and ordered Elk to close the breach in the berm dividing the two bodies of water. We affirm in part,…