St. Jude's Co. v. Roaring Fork Club, L.P.

Opinion by

Judge NEY.

Plaintiff, St. Jude Company, appeals the trial court's judgment granting limited in-junctive relief in its favor, and the court's denial of attorney fees without a hearing. Defendant, the Roaring Fork Club, eross-appeals the trial court's judgment in favor of plaintiff. We affirm in part, reverse in part, and remand with directions.

Plaintiff and defendant own neighboring properties and co-own unincorporated ditches and rights to the water transported in those ditches. Plaintiff, the downgradient property owner, holds historic appurtenant easements and rights-of-way for…