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Little Cottonwood Tanner Ditch Co. v. Sandy City, 2016 UT 45 (Oct. 20, 2016)

Oct 20, 2016

This appeal involved a post-judgment motion to modify the 1910 Morse Decree, the final decree that adjudicated the right to use the waters of Little Cottonwood Creek.  The district court denied the post-judgment motion to modify, holding it did not have authority to reopen the hundred-year-old case to modify the final judgment.  The Utah Supreme Court affirmed, holding that the district court did not have common law authority to modify the Morse Decree through a post-judgment motion, and the Morse Decree itself did not authorize the motion.