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IN RE PRIVATE ROAD EX REL. CROSS

No. S-12-0221.

304 P.3d 932 (2013)

2013 WY 79

In the Matter of the Application for Establishment of PRIVATE ROAD by Evan W. CROSS and Sandra D. Cross, husband and wife, Proposed Road No. 276: Wayne Curtis Altaffer, Appellant (Respondent), v. Evan W. Cross and Sandra D. Cross, Appellees (Petitioners).

Supreme Court of Wyoming.

June 28, 2013.

Attorney(s) appearing for the Case

Representing Appellant: Kermit C. Brown and Elisa M. Butler of Brown & Hiser LLC, Laramie, Wyoming. Argument by Ms. Butler.

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

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

KITE, Chief Justice.

[¶ 1] Evan W. Cross and Sandra D. Cross filed an application for a private road with the Crook County Board of County Commissioners (Board). Wayne Curtis Altaffer moved to dismiss the application. After a hearing, the Board granted his motion and dismissed the application. The Crosses filed a petition for judicial review in district court. The district court found that the Board's decision was not in accordance with the law, reversed the...

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