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IN RE GALLAGHER

No. S-10-0213.

256 P.3d 522 (2011)

2011 WY 112

In the Matter of the Establishment of a Private Roadway to Real Property Owned by Daniel GALLAGHER. J & T Properties, LLC, Appellant (Respondent), v. Daniel Gallagher, Appellee (Petitioner).

Supreme Court of Wyoming.

July 21, 2011.

Attorney(s) appearing for the Case

Representing Appellant: R. Todd Ingram of Clapp, Ingram & Olheiser, P.C., Casper, Wyoming.

Representing Appellee: Keith R. Nachbar of Keith R. Nachbar, P.C., Casper, Wyoming.

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

KITE, Chief Justice.

[¶ 1] The district court granted Daniel Gallagher a private road across land owned by J & T Properties, LLC (J & T). J & T appealed, arguing the private road did not meet the statutory requirements because it did not connect directly to a public road and the district court erred by not ordering Mr. Gallagher to reimburse J & T for the costs of an appraisal establishing the damages to its property from the private road.

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