Jim J. Valcarce, Plaintiff and Appellant v. James B. Fitzgerald, Defendant and Appellee; James B. Fitzgerald…

Summary

The court affirmed the trial court's determination that the Fitzgerald parties acquired and could reasonably improve a prescriptive easement for transporting irrigation water across the Valcarces' property, and it upheld the merits and most damages rulings. It reversed the award of damages against Paul Valcarce for crop losses caused by Jim Valcarce's pigs, required allocation of attorney fees between successful and unsuccessful claims and parties, and ordered deletion of costs because the required memorandum was untimely. Justice Howe, joined by Justice Durham, concurred in part and would deny attorney fees on appeal and reverse additional rental-loss damages awarded to the Julanders.