Lincoln County Board of Commissioners v. Cook

VOIGT, Justice.

[¶1] This appeal arises from the Lincoln County Board of Commissioners' (the Board) determination that a public road should be established, by prescription, over property owned by Lawrence and Christy Cook (the Cooks). The Cooks appealed the Board's decision to the district court, which reversed the Board. The Board now appeals from that ruling. We affirm the district court's decision.

ISSUES

[¶2] The Board, as appellant, states the issues as follows:

I. Did the district court, erroneously substitute its judgment for the trier of facts of the first instance, the Board of Lincoln…