Morgan v. New Sweden Irrigation District

W. JONES, Justice.

I. Nature of the Case

Appellant, Bradley K. Morgan (“Morgan”), appeals from a declaratory judgment determining where to measure the sixteen-foot width of an easement held by Respondent, New Sweden Irrigation District (“New Sweden”), which borders an irrigation canal (the “Sinkhole Irrigation Canal”) that runs the length of a piece of Morgan’s property (the “Morgan Property”). On appeal, Morgan does not dispute the existence of New Sweden’s easement, but rather argues that: (1) the district court erred by denying Morgan’s request for a jury trial; (2) the district court abused…