The Luskin Daughters 1996 Trust v. Young

Summary

The court affirmed dismissal of the Trust’s complaint because the Trust sought to enforce unadjudicated water rights without first pursuing the statutory adjudication and notice process. The court held that the water court could not grant the requested declaratory, injunctive, or damages relief absent adjudication of those rights. Because the action’s essence was tortious and the Youngs successfully defended the Rule 12 dismissal on appeal, they were entitled to reasonable appellate attorney fees, with the amount to be determined on remand.