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GALLI v. IDAHO COUNTY

No. 33999.

191 P.3d 233 (2008)

Clifford GALLI and Pam Galli, Petitioners-Plaintiffs-Respondents-Cross Appellants, v. IDAHO COUNTY, a political subdivision of the State of Idaho, Respondent-Defendant-Cross Respondent, and N.A. Dagerstrom, Inc., Appellant.

Supreme Court of Idaho. Boise, June 2008 Term.

July 24, 2008.

Attorney(s) appearing for the Case

Brit D. Groom, Cottonwood, for appellants.

Hawley Troxell Ennis & Hawley, Boise, for respondent and cross-appellant. Geoffrey Wardle argued.

Clements, Brown & McNichols, P.A., Lewiston, for cross-respondent Idaho County. Michael McNichols argued.

Dennis Albers, Grangeville, for cross-respondent Idaho County.

Givens Pursley, LLP, Boise, amicus curiae.

W. JONES, Justice.

Michael Jutte filed an application with the Idaho County Board of Commissioners (the Board) requesting an R.S. 2477 public right-of-way on portions of Kessler Creek Road and Race Creek Road, which presently traverse private property owned by Pam and Clifford Galli (the Gallis). Jutte sought the R.S. 2477 public right-of-way as a means to access his unpatented mining claim. After two public hearings on the matter, the Board granted Jutte's request...

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