Meyer v. Landmark Universal, Inc.

VAN CISE, Judge.

Plaintiffs, Guido P. Meyer and Gertrude M. Meyer, appeal the trial court’s grant of a summary judgment in favor of defendant, Landmark Universal, Incorporated (Landmark). Landmark cross-appeals the denial of its request for attorney’s fees. We affirm in part and reverse in part.

Plaintiffs own 200 acres of land in Basalt. They also own certain adjudicated water rights in the Kester Ditch. The Kes-ter Ditch carries water diverted from the Roaring Fork River at Old Snowmass. The water in the ditch flows through the Holland Hills Subdivision in Basalt and then past plaintiffs’…