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IN RE DUNNING

No. 98-238.

982 P.2d 704 (1999)

In the Matter of the Petition of Forest B. DUNNING for the Establishment of a Private Road, Peter Kiewit Sons' Co., Appellant (Petitioner), v. Sheridan County Board of Commissioners, Appellee (Respondent), and Forest B. Dunning, Appellee (Respondent).

Supreme Court of Wyoming.

June 10, 1999.

Attorney(s) appearing for the Case

Hayden F. Heaphy Jr. and Debra J. Wendtland, Sheridan, WY., Representing Appellant:

Forest B. Dunning: Timothy S. Tarver, Sheridan, WY., Representing Appellee.

Before LEHMAN, C.J., and THOMAS, MACY, GOLDEN, and HILL, JJ.

HILL, Justice.

This appeal results from an order of the Sheridan County Board of Commissioners (the Board) establishing a private road in Sheridan County. The preliminary issue in this case is whether, in the absence of any appearance in the proceedings below, Peter Kiewit Sons' Co. (Kiewit) may appeal the adequacy of the damages awarded to Kiewit by the Board. If so, Kiewit contends that this Court must remand this case...

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