Pugmire v. Johnson

THE PREVIOUS OPINION IN THIS MATTER IS WITHDRAWN AND THIS OPINION IS SUBSTITUTED THEREFOR

BAKES, Chief Justice.

Plaintiffs appellants are residents of the Caribou Acres Subdivision, an unincorporated area of Bannock County, Idaho. Plaintiffs sought to have certain roads declared public highways and to require defendant respondents, Bannock County commissioners and road superintendent, to maintain the roads as part of the public highway system. The district court denied plaintiffs’ motion for summary judgment, and granted defendants’ motion for summary judgment. Plaintiffs appeal. We reverse.

I

The…