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FLOYD v. BOARD OF COM'RS BONNEVILLE COUNTY

No. 26774, 26808.

52 P.3d 863 (2002)

137 Idaho 718

John FLOYD, Leon Dance, Mindy Jo Collier f/b/o Mindy Jo Collier Trust, Petitioners-Respondents and Cross-Appellants, v. BOARD OF COMMISSIONERS OF BONNEVILLE COUNTY, Idaho, governing body of a political subdivision of the State of Idaho, Respondent-Appellant and Cross Respondent, and Idaho Department of Fish and Game, Intervenor-Appellant and Cross Respondent. John Floyd, Leon Dance, Mindy Jo Collier f/b/o Mindy Jo Collier Trust, Petitioners-Respondents and Cross-Appellants, v. Board of Commissioners of Bonneville County, Idaho, governing body of a political subdivision of the State of Idaho, Respondent-Appellant and Cross-Respondent, and State of Idaho, Department of Fish and Game, Intervenor-Appellant.

Supreme Court of Idaho, Boise, May 2002 Term.

August 6, 2002.

Attorney(s) appearing for the Case

McGrath, Mecham, Decker & Smith, PLLC., Idaho Falls, for appellants Bonneville County Commissioners. Stephen J. McGrath argued.

Millemann, Pittenger, McMahan & Pemberton, LLP, McCall, for respondents, Floyd, et al. Steven J. Millemann argued.

Hon. Alan G. Lance, Attorney General; Clive Strong, Deputy Attorney General, Boise, for Intervenor Idaho Department of Fish & Game. John R. Kormanik argued.

WALTERS, Justice.

The question before the Court is the legal status of Antelope Creek Road (ACR), located in the Antelope Valley area east of Idaho Falls. In this appeal following remand, Bonneville County (County) and the intervenor, Idaho Department of Fish and Game, (IDFG) seek review of the decision of the district court, which reversed the decision of the Board of County Commissioners and declared the ACR a private road. This Court vacates the decision of the...

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