Nettleton v. Higginson

I concur in the reversal of the summary judgment entered by the district court. However, since I believe summary judgment should have been directed for plaintiff appellant Nettleton, this separate analysis of the reasons for the reversal is necessary.

The plaintiff appellant’s complaint seeking a declaratory judgment alleged that the respondent director’s action, in attempting to administer Upper Reynolds Creek District 57-A and Lower Reynolds Creek District 57-J as though they were one district, was in violation of appellant’s rights.

Appellant was a water user in Upper Reynolds Creek District…