Burrup v. Stanger

SUBSTITUTE OPINION

The Court’s prior opinion, dated October 15, 1987, is hereby withdrawn.

SWANSTROM, Judge.

Elmer and Fran Stanger appeal the district court’s judgment decreeing that a portion of Indian Creek Road located upon their land in Bannock County is a public highway. Although other issues are raised on appeal, the decisive issue is whether the district court erred in determining that the road across the Stanger property is a public highway under I.C. § 40-202. We reverse.

In 1910 a roadway along Indian Creek, built in part at least by early settlers, was declared to be a public highway…