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SOPATYK v. LEMHI COUNTY

No. 37186.

264 P.3d 916 (2011)

Brian P. SOPATYK, Petitioner-Appellant-Cross Respondent, v. LEMHI COUNTY, Lemhi County Board Of Commissioners, Lemhi County Clerk-Recorder, and Does 1-5, in their official and individual capacities, Respondents-Cross Appellants.

Supreme Court of Idaho, Boise, August 2011 Term.

November 9, 2011.

Attorney(s) appearing for the Case

Saetrum Law Offices, Boise, for Appellant. Rodney R. Saetrum , argued.

Lemhi County Prosecuting Attorney, Salmon, and Givens Pursley, LLP, Boise, for Respondents. Christopher H. Meyer argued.

W. JONES, Justice.

I. NATURE OF THE CASE

Brian Sopatyk petitions for judicial review of the Lemhi County Board of Commissioners' decision to validate Anderson Creek Road, which runs the length of his property. He contends the road never became public and, if so, was abandoned. He also maintains that the validation was an unconstitutional taking, that it was error for the road easement to be validated at fifty-feet...

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