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PINE BAR RANCH, LLC v. LUTHER

No. 06-108.

152 P.3d 1062 (2007)

2007 WY 35

PINE BAR RANCH, LLC; and Owen C. Torrey, Margery Torrey, and Ellen Torrey, Appellants (Cross-Petitioners/Respondents), v. Homer L. LUTHER and Helen P. Luther, Appellees (Petitioners), and The Board of County Commissioners of the County of Fremont, Douglas L. Thompson, Gary Jennings, Pat Hickerson, Lanny Applegate, and T. Crosby Allen, II, in their official capacities as Commissioners of the Board of County Commissioners of Fremont County, Appellees (Respondents).

Supreme Court of Wyoming.

March 2, 2007.

Attorney(s) appearing for the Case

Representing Appellants: David B. Hooper, of Hooper Law Offices, P.C., Riverton, Wyoming; Tom A. Glassberg, of Hooper Law Offices, P.C., Teton Village, Wyoming. Argument by Mr. Hooper.

Representing Appellees: Joel M. Vincent, of Vincent & Vincent, Riverton, Wyoming; Paul J. Hickey, Roger C. Fransen, and Brandi L. Monger, of Hickey & Evans, LLP, Cheyenne, Wyoming. Argument by Mr. Hickey.

Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.

BURKE, Justice.

[¶ 1] Homer and Helen Luther are the owners of a parcel of real property located in Fremont County. They filed an application with the Board of County Commissioners of Fremont County ("Board") to establish a private road, claiming they did not have legal access from their property to a public road. After a hearing, the Board determined that the Luthers did not meet their burden of establishing necessity and denied their application. The Board...

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