Johnson v. Higley

AMENDED OPINION 1

ORME, Judge:

¶ 1 Defendants Arthur Stephen Higley and Susan M. Higley appeal the trial court’s judgment in favor of plaintiffs Russell Johnson and Peter Johnson, enjoining Higleys from interfering with Johnsons’ use of the Blue Lakes reservoirs on Higleys’ property and awarding monetary damages for flooding. We affirm.

BACKGROUND

¶ 2 “On appeal from a bench trial, we view the evidence in a light most favorable to the trial court’s findings, and therefore recite the facts consistent with that standard.” Lake Philgas Serv. v. Valley Bank & Trust Co., 845 P.2d 951, 953 n. 1 (Utah…