(Download) "Wayne Kunz Olive Kunz Glenn v. Turner" by Supreme Court Of Idaho # Book PDF Kindle ePub Free

eBook details

Title: Wayne Kunz Olive Kunz Glenn v. Turner
Author : Supreme Court Of Idaho
Release Date : January 03, 1990
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 84 KB

Description

This case concerns an action brought in federal court by Kunz and various other landowners ("landowners") against Utah Power & Light Company ("Utah Power") for damages to real and personal property caused when Utah Power discharged water from an artificial storage system into a natural stream channel thereby flooding the riparian landowners property. The United States District Court dismissed all of the landowners theories of liability except for the negligence theory. The jury found that Utah Power was not negligent in its operation of the water storage system. The landowners appealed to the United States Court of Appeals, Ninth Circuit, alleging, among other things, that the district court erred in dismissing their alternative non-negligence theories. The Ninth Circuit was unable to determine whether, under Idaho law, an action may be maintained pursuant to strict liability, trespass, or private nuisance for damages caused by the storage and intentional, but non-negligent, discharge of water stored for irrigation and related purposes. Accordingly, the following three questions were certified to this Court by the Ninth Circuit 871 F.2d 85, pursuant to I.A.R. 12.1: