Summary 2013 WY 79

Summary of Decision June 28, 2013

Chief Justice Kite delivered the opinion for the Court. Affirmed.

Case Name: IN THE MATTER OF THE APPLICATION FOR ESTABLISHMENT OF PRIVATE ROAD BY EVAN W. CROSS AND SANDRA D. CROSS, husband and wife, Proposed Road No. 276: WAYNE CURTIS ALTAFFER v. EVAN W. CROSS and SANDRA D. CROSS

Docket Number: S-12-0221

URL: http://www.courts.state.wy.us/Opinions.aspx

Appeal from the District Court of Crook County The Honorable John R. Perry, Judge

Representing Appellant: Kermit C. Brown and Elisa M. Butler of Brown & Hiser LLC, Laramie, Wyoming. Argument by Ms. Butler.

Representing Appellees: Keith R. Nachbar of Keith R. Nachbar, P.C., Casper, Wyoming

Date of Decision: June 28, 2013

Facts: Evan W. Cross and Sandra D. Cross filed an application for a private road with the Crook County Board of County Commissioners (Board). Wayne Curtis Altaffer moved to dismiss the application. After a hearing, the Board granted his motion and dismissed the application. The Crosses filed a petition for judicial review in district court. The district court found that the Board’s decision was not in accordance with the law, reversed the ruling and remanded the case to the Board. Mr. Altaffer appealed the district court’s order to this Court.

Issues: Mr. Altaffer contends the district court erred in reversing the Board’s ruling dismissing the private road application. The Crosses assert the Board erred in dismissing the application.

Holdings: We reverse the Board’s order and remand to the district court for remand to the Board for entry of an order consistent with this decision.

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court

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