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BLAINE COUNTY v. BRYSON

No. 15430.

705 P.2d 1078 (1985)

109 Idaho 123

BLAINE COUNTY, Ray Sweat, Rupert House and Dan Mackey, Constituting the Blaine County Board of Commissioners, Plaintiffs-Respondents, v. Kevin BRYSON, Jill Bryson and Fred Parker, Defendants-Appellants, Dorothy POVEY, Donald Justus and Does I Through X Inclusive, and All Other Persons Unknown, Claiming any Right, Title Estate, Lien or Interest in Real Property Traversed by the Road Known as the Colorado Gulch Road, Defendants, v. ATLANTIS MINING AND MANUFACTURING COMPANY, INC., an Idaho corporation, Intervenor-Respondent.

Court of Appeals of Idaho.

September 5, 1985.

Attorney(s) appearing for the Case

Lloyd J. Webb (Webb, Burton, Carlson, Pedersen & Paine), Twin Falls, for defendants-appellants.

Stephen W. Boller, Hailey, for respondent, Atlantis Mining.

R. Keith Roark, Blaine County Pros. Atty., Hailey, for respondent, Blaine County.

BURNETT, Judge.

We are asked to review a summary judgment declaring the "Colorado Gulch Road," an unpaved lane traversing property owned by appellants Bryson and Parker in Blaine County, to be a "public highway." The property owners have raised three issues: whether the "Colorado Gulch Road" ever was a public highway within the meaning of I.C. § 40-103;1 if so, whether the county later abandoned the highway; and finally, whether the...

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