In its unanimous ruling, the high court said Summit County and its water company, Mountain Regional Water Special Services District, are not immune from antitrust lawsuits.

"It's a landmark decision," said Salt Lake City-based attorney Robert S. Campbell, who represents the private water company. "It's a huge result for the court to come down [unanimously] 5-0. It means our antitrust action against Summit County will go forward."

The ruling is the latest twist in the ongoing battle between the private Summit Water and Summit County.

Campbell said his client will demand a jury trial in the civil action that most likely will not be scheduled until after the first of the year.

In 2000, the Summit County Commission sought to unite the dozen or more small, independent water companies in western Summit County. The move came after several of them had failed, leaving their customers without water.

Summit Water, the largest of those private companies, however, had plenty of water resources, was profitable and in no danger of going under.

In September 2001, Summit Water officials filed suit in Park City's 3rd District Court alleging that the Summit County Commission, through Mountain Regional, was attempting to monopolize water in the Snyderville Basin.

But in May 2002, Judge Robert Hilder dismissed the suit based on a section of the Utah code that exempts municipalities from the state antitrust act.

Summit County had argued that it was acting as a municipality.

In their ruling, however, the justices cited Utah code that says "municipalities cannot monopolize any part of trade or commerce."

Further, the high court said that Summit County indulged in circuitous reasoning to define itself as a municipality. "We decline to engage in such a tortured analysis," wrote Chief Justice Christine Durham.

In a statement on Friday, Summit County officials said they were disappointed in the ruling, but contended they would prevail at trial.

"The Summit County Board of Commissioners are confident that when the facts are presented at trial, the court will rule in favor of the [Mountain Regional] water service district and there will be no finding of any anti-competitive activity."

csmart@sltrib.com