Dewitt v. Balben

This appeal involves certain water rights to a well. An action was brought by James H. DeWitt II, George E. Baker II, Anne T. DeWitt, Hillcrest Investment Partnership, and Hillcrest Water, Inc. (hereinafter plaintiffs) against Edward C. Balben, Marion C. Balben d/b/a Hillcrest Development Company (hereinafter defendants) to determine the plaintiffs rights in a water well located on the defendants property. After trial to the court, a lengthy judgment was entered. The parties dispute who actually prevailed. In Case No. 85-127, the plaintiffs appeal from the district courts denial of attorneys fees and raise the following issues: