United States Ninth Circuit

Judgment for plaintiffs on negligence and nuisance claims regarding defendant's illegal removal of groundwater from their property and subsequent resulting damages to plaintiffs' adjacent property is reversed where defendant owed plaintiff's no duty under the common law doctrine of reasonable use.

Appellate Information

• Argued 11/15/2005
• Decided 12/29/2005
• Published 12/29/2005

Judges

• TASHIMA, Circuit Judge:, Before: FARRIS, TASHIMA, and CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• John C. Lemaster, Ryley Carlock & Applewhite, Phoenix, AZ, for the defendant-appellant., Brad K. Keogh, Phoenix, AZ, for the plaintiffs-appellees.