Tolman v. Winchester Hills Water Co., Inc.

AMENDED OPINION 1

BILLINGS, Judge:

R.C. Tolman appeals the trial court’s award of attorney fees. Winchester Hills Water Company (WHWC) cross-appeals the trial court’s water rights rulings. We affirm.

FACTS

In 1979, a group of individuals organized Shad Investment and Development Company (SIDCO) to develop the Winchester Hills subdivision in Washington County, Utah. In 1980, this group organized WHWC to provide water service to the subdivision. By the mid-1980s, Russell Walter and R.C. Tolman remained as the only owners and director-officers of both corporations.

In 1989, Tolman and Walter, in…