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L.U. SHEEP CO. v. BD. OF COUNTY COM'RS

No. 89-148.

790 P.2d 663 (1990)

L.U. SHEEP COMPANY, a Wyoming Corporation; Gary Kellogg and Brenda Kellogg, husband and wife; and Maxine Kellogg, Appellants (Defendants), v. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF HOT SPRINGS, Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

April 11, 1990.

Attorney(s) appearing for the Case

John W. Davis of Davis, Donnell, Worrall & Bancroft, P.C., Worland, and James L. Applegate, Hirst & Applegate, Cheyenne, for appellants.

J. John Sampson, Sheridan, for appellee.

Before CARDINE, C.J., and THOMAS, URBIGKIT, MACY and GOLDEN, JJ.

THOMAS, Justice.

The question of what is the proper instruction to be given to the jury with respect to the measure of damages to the landowner for a partial taking of a privately owned road under the Wyoming Eminent Domain Act, §§ 1-26-101 to -817, W.S. 1977 (the Act), is the central issue to be resolved in this case. Collateral issues are asserted relating to the propriety of the cooperation of the United States Forest Service (USFS) in the road project...

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