John W. Brown Properties v. Blaine County

SUBSTITUTE OPINION

THE COURT’S PRIOR OPINION DATED FEBRUARY 25, 2002, IS HEREBY WITHDRAWN.

ON REHEARING

WALTERS, Justice.

John Brown Properties appeals from the summary judgment holding that Grove Road leading to its property known as Grove Ranch was abandoned through lack of public use and maintenance at the public expense for more than five years. Because we find in the record no evidence of any use or maintenance of the road between 1973 and 1986, we affirm the decision of the district court.

FACTS AND PROCEDURAL BACKGROUND

A gravel road known as Grove Road runs southward from Baseline Road in…