Miller v. Miller

BISTLINE, Justice.

In May 1984 the Bannock County Commissioners, pursuant to a petition, had formed a herd district which encompassed the Millers’ land together with portions of BLM land. The herd district ordinance was in effect at the time the damages were caused by E. Paul Millers’ grazing livestock.

E. Paul Miller and Pete Miller are brothers who own or lease adjoining lands in Bannock County; some of those lands also adjoin property owned by the Federal Bureau of Land Management (hereinafter BLM lands). Pete’s initial action was filed in small claims court, where damages were claimed based…