McGuire v. McGuire
Decision Date | 21 March 1980 |
Docket Number | No. 5176,5176 |
Citation | 608 P.2d 1278 |
Parties | Fred McGUIRE and Mickey McGuire, Appellants (Contestees), Board of County Commissioners of Platte County, Wyoming (Contestee), v. Dan McGUIRE, Loretta McGuire, Eldon Allison and Elaine Allison, Appellees(Contestants), Two Bar Ranch Company, Appellee (Contestee). |
Court | Wyoming Supreme Court |
Arthur Kline, of Kline & Swainson, Cheyenne, signed the brief and appeared in oral argument for appellants.
Sky D. Phifer, of Phifer & Phifer, Wheatland, signed the brief and Fred W. Phifer, Wheatland, appeared in oral argument for appellees McGuire and Allison.
John A. Sundahl, of Godfrey & Sundahl, Cheyenne, signed the brief and appeared in oral argument for Two Bar Ranch Company.
John D. Troughton, Atty. Gen., and Mary B. Guthrie, Asst. Atty. Gen., amicus curiae for the State of Wyoming.
Before RAPER, C. J., and McCLINTOCK, THOMAS, ROSE and ROONEY, JJ.
This appeal deals with an application for a private road to a parcel of landlocked property. The application was filed pursuant to §§ 24-9-101 et seq., W.S.1977. 1
The contestants-appellees, Dan and Loretta McGuire, filed their petition naming On September 6, 1978, the county commissioners issued findings of fact, conclusions of law, and an order which dismissed the appellees' application for a private road. The commissioners' dismissal was based on several grounds:
the contestees-appellants, Fred and Mickey McGuire, as well as Two Bar Ranch Company. 2 The appellees wanted a private road over the lands of either the appellants or Two Bar Ranch. A hearing was had before the Platte County Commissioners on June 6, 1978. 3 An additional hearing was conducted on July 12, 1978. In addition to the testimony heard by the county commissioners at these proceedings, there were a significant number of exhibits and other items of evidence placed in the record. At those hearings, Eldon and Elaine Allison were added as parties because they had purchased the 80 acres in question from the appellees 4 and were the record owners. Thus, the Allisons are also appellees. Our future references to appellees thus include both the McGuires and the Allisons.
'The right of way for the constructing of highways over public lands, not reserved for public uses, is hereby granted.'
"Although the statute was repealed effective October 21, 1976, the two roads which branch off the County Road to the north across Muleshoe Flats were previously laid out and used by the public sufficient to constitute acceptance and dedication of the offer contained in that statute, and therefore an established road is deemed to exist across the public lands of the United States.
The commissioners then concluded:
The appellees then sought review of this action by the county commissioners in the district court. The district court considered the matter and entered an order reversing the action of the commission on June 4, 1979. In pertinent part that order provides:
notice to the U.S. Bureau of Land Management, as the evidence shows there is a public road across the Bureau of Land Management land that can be joined with the private road from Contestants land. (See fn. 7.)
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