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BIG HORN COUNTY COM'RS v. HINCKLEY

No. 4987.

593 P.2d 573 (1979)

BIG HORN COUNTY COMMISSIONERS, Appellant (Respondent below), v. DeVere T. HINCKLEY, Appellee (Petitioner below).

Supreme Court of Wyoming.

April 17, 1979.

Attorney(s) appearing for the Case

Robert A. Gish, Big Horn County Atty., Basin, for appellant.

C.S. Hinckley, of Hinckley & Hinckley, Basin, and John W. Davis, of Davis & Donnell, Worland, for appellee.

Before RAPER, C.J., McCLINTOCK, THOMAS and ROSE, JJ., and MAIER, District Judge.

ROSE, Justice.

This appeal questions the ability of the appellant, Big Horn County Commissioners, to establish a county road under the common-law doctrine of prescription without complying with the condemnation provisions set forth in § 24-60, W.S. 1957, C. 1967 [now § 24-3-118, W.S. 1977]1 and the provisions regarding a showing of necessity set forth in § 24-6(b), W.S. 1957, C...

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