In Re: Petition of B.R. Adams and J.M. Adams, his wife ~ Appeal of: W. Dittmar and J.M. Corl

DISSENTING OPINION BY

JUDGE HEARTHWAY

Because Burton Adams (Mr. Adams) and Joanne Adams (together, Adamses) already have access to their property, albeit not the portion of> their approximately 231 acre parcel they desire to access for the purpose of constructing a home or cabin at the crest of his property, and because the Adamses have not established that the public is the primary and paramount beneficiary of the private road they seek to open, I respectfully dissent.

The Board of View (Board) found that the Adamses’ land was effectively landlocked because the only other means of access to the…