Merrill v. Penrod

ON DENIAL OF PETITION FOR REHEARING

This opinion supersedes our prior opinions issued June 18 and July 17, 1985, which are hereby withdrawn.

SWANSTROM, Judge.

Water, that most precious of compounds, can be at once man’s friend and his natural enemy. So it proved to be in this case, as neighbor turned against neighbor in the quest for harmony with nature. The plaintiffs, Don and Florence Merrill, Mary Thompson and Ferol Adams, brought this action to establish their rights to easements across the property of the defendants, Paul and Alta Penrod. The Merrills claimed easements for the purpose of…