Sinkey v. Board of County Commissioners

*527OPINION

By the Court,

McNamee, J.:

This is an action for a declaratory judgment which would adjudicate the rights and duties of the respondent (plaintiff) and the appellant (defendant) with respect to 3miles of pipeline, which respondent county has been maintaining without charge to anyone. The complaint also asks for a money judgment against appellant on a quantum meruit basis for past maintenance services. After an answer was filed respondent made a motion for summary judgment.

The court determined that there was no legal duty owed by respondent to maintain the pipeline and denied respondent…