Gibbons v. Globe Development

Appellee Globe Development, Nevada, Inc., a corporation, brought this declaratory judgment action seeking to obtain injunctive relief and to quiet title to water rights in Rain Tank Wash and its tributaries. From the order of the Superior Court of Coconino County granting appellees motion for summary judgment and the judgment based thereon, appellants Gregg L. Gibbons, Jr. and Gregg L. Gibbons, Sr. appealed. The Court of Appeals, Division One, affirmed in a memorandum decision, 1 CA-CIV 2759, filed December 16, 1975. The memorandum decision of the Court of Appeals is vacated. The order of the trial court granting appellees summary judgment is vacated and the judgment based thereon is reversed. The case is remanded for trial.