Miller v. Bradley, No. 99-4
| Decision Date | 27 April 2000 |
| Docket Number | No. 99-6., No. 99-4, No. 99-5 |
| Citation | 4 P.3d 882 |
| Parties | Steve and Esther MILLER, Appellants (Petitioners), v. Janis K. BRADLEY, Appellee (Petitioner). Robert and Marie Burkhalter, Appellants (Petitioners), v. Janis K. Bradley, Appellee (Petitioner). Board of County Commissioners of Fremont County, Appellants (Respondent), v. Janis K. Bradley, Appellee (Petitioner). |
| Court | Wyoming Supreme Court |
Representing Appellants Miller: William L. Miller of Miller & Fasse, P.C., Riverton, WY;
Representing Appellants Burkhalter: M.L. Barton of M.L. Barton, P.C., Riverton, WY;
Representing Appellant Board of County Commissioners: Norman E. Young, Fremont County and Prosecuting Attorney. Argument by Messrs. Miller, Barton and Young.
Representing Appellee: Andrew W. Baldwin of Baldwin & Crocker, P.C., Lander, WY. Argument by Mr. Baldwin.
Before LEHMAN, C.J., and THOMAS, MACY, GOLDEN, and HILL, JJ.
This is an appeal from a district court order reversing an order of the Board of County Commissioners of Fremont County and requiring reinstatement of an earlier order by the Board which established a private road in Fremont County. We affirm the district court order and remand to the district court with directions to remand to the Board of County Commissioners for reinstatement of its original order and an assessment of damages.
All parties raise the following issue:
1. Whether the district court erred in holding that Bradley's land does not have an outlet or a connection with a public road.
The Millers raise the following additional issue:
2. Whether the district court erred in holding that the United States is not a necessary and indispensable party to this action.
The Burkhalters raise the following additional issues:
Bradley raises the following additional issues:
On November 25, 1996, Bradley filed a petition for a private road with the Board of County Commissioners of Fremont County pursuant to Wyo. Stat. Ann. § 24-9-101 (Lexis 1999). In the petition, Bradley alleged that she was the owner of a landlocked parcel of land located in Fremont County having no outlet to, or connection with, a public road. Bradley further alleged that the most convenient access to her land was across Eagle Road, a public road which passes through the Mile High Subdivision, continues north as a private road on the western boundary of property owned by the Millers and Burkhalters, and ends at the southern boundary of Bradley's property. Bradley sought the establishment of the northern portion of Eagle Road as a private road leading from her land to the public portion of Eagle Road.
On February 18, 1997, the Millers filed a motion to dismiss Bradley's petition for failure to join the United States as an indispensable party. The Millers alleged that the land Bradley claimed to own was held in trust by the United States and argued that, as trustee, the United States was a necessary party to the action. The Board of County Commissioners denied the motion and, on April 1, 1997, issued Findings of Fact and Conclusions of Law in which the Board concluded that Bradley had no legally recognized or enforceable outlet to or connection with a public road and that a private road was necessary. The Board further concluded that Eagle Road was the most convenient access to Bradley's property. The Board ordered the appointment of viewers and appraisers to view and locate a private road and assess any damages.
The viewers and appraisers met at the site on September 4, 1997, as ordered by the Board and, on October 20, 1997, submitted a report to the Board in which they concluded that Eagle Road was the most convenient access to Bradley's property and that the establishment of the northern portion of Eagle Road as a private road would cause no injury to the surrounding landowners.
On October 31, 1997, the Millers filed an objection to the report. A hearing was held on November 4, 1997, at which time the Board heard objections from interested parties. On January 13, 1998, the Board issued an order reversing its earlier order and denying Bradley's petition for a private road. The Board found that the lands adjoining Bradley's property to the west and south are, like her land, held in trust by the United States over which the Secretary of Interior is empowered to grant rights-of-way and that Bradley could seek a right-of-way from the United States. Therefore, the Board concluded, Bradley had failed to show her land had no legally enforceable outlet to or connection with a public road or that a private road was necessary.
On January 26, 1998, Bradley filed a petition for review in the district court pursuant to Wyo. Stat. Ann. § 16-3-101 et seq. and W.R.A.P. 12. On February 13, the Burkhalters and Millers also filed petitions for review in the district court. The district court consolidated the petitions, heard argument on August 19, and issued an order on November 11 finding that Bradley's land has no outlet to or connection with a public road and that Bradley is not required to seek a right-of-way across the adjacent U.S. government lands before applying for a private road pursuant to § 24-9-101. The district court reversed the January 13 order of the Board of County Commissioners and ordered reinstatement of the Board's earlier order. The Millers, Burkhalters and Board of County Commissioners timely appealed the district court order.
In reviewing appeals from agency action, we are in the same position as the district court; we cannot substitute our judgment for that of the agency as long as the decision is supported by substantial evidence. Gold v. Board of County Comm'rs of Teton County, 658 P.2d 690, 695 (Wyo.1983). Our task is to examine the entire record to determine whether substantial evidence supported the agency's findings of facts. Dunning v. Ankney, 936 P.2d 61, 63 (Wyo.1997). No deference is given to an agency's conclusions of law. Martens v. Johnson County Board of Comm'rs, 954 P.2d 375, 379 (Wyo.1998). If the agency has not invoked and properly applied the correct rule of law, we are obligated to correct the error. Id.
The Millers, Burkhalters and Board of County Commissioners contend that the district court erred in finding that Bradley has no outlet to or connection with a public road. In essence, their argument is that the Bradley property and the adjoining property to the west and south are owned by the same entity (the United States); the adjoining property is connected to a public road (Riverview Road); Bradley has the ability pursuant to 25 U.S.C. § 323 to seek a right of way from the Secretary of the Interior across the adjoining federal lands to Riverview Road; therefore, Bradley is not entitled to the establishment of a private road under Wyo. Stat. Ann. § 24-9-101.
Section 24-9-101 provides in pertinent part as follows:
Any person whose land has no outlet to, nor connection with a public road, may apply in writing to the board of county commissioners of his county for a private road leading from his premises to some convenient public road. * * * [I]f the board finds that the applicant has complied with the law and that the private road is necessary, the board shall appoint three (3) disinterested freeholders and electors of the county, as viewers and appraisers, and shall cause an order to be issued directing them to meet on a day named in the order on the proposed road, and view and locate a private road according to the application therefor, and to assess damages to be sustained thereby. * * * The viewers shall then proceed to locate and mark out a private road in accordance with the application or in such other manner and location they deem appropriate * * *. The proposed road * * * shall be located so as to do the least possible damage to the lands through which the private road is located.
In applying this statute, we have held that the language of the provision must be given a sensible construction and that convenience and reason should prevail in establishing private roads. McGuire v. McGuire, 608 P.2d 1278, 1286 (Wyo.1980); Lindt v. Murray, 895 P.2d 459, 462 (Wyo.1995). We have said that the statute was intended to provide a procedure whereby a landowner could obtain access to his property in a readily available, economically affordable, and time efficient manner. McGuire, at 1288.
We have construed the statute to mean that any person whose land is so situated that it has no outlet, that is, no legally enforceable means by which he can gain access, has demonstrated necessity as a matter of law. Id. at 1286. We have also said that necessity is established under § 24-9-101 where a petitioner has no presently existing outlet to or connection with a public road. Walton v. Dana, 609 P.2d 461, 463 (Wyo. 1980). We have held that there is no requirement in § 24-9-101 that a petitioner for a private road must overcome every obstacle standing in his way, regardless of the expense and impracticability. Walton, 609 P.2d at 463 Thus, we have held that a petitioner cannot be compelled to pursue a claim of common law way of necessity before he may seek relief under § 24-9-101. Id...
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