Jelen v. Patterson

BRIDGES, J.,

for the court.

¶ 1. This is an appeal from a judgment of the Lamar County Circuit Court affirming the Lamar County Board of Supervisors’ decision to expand Patterson’s existing easement on Jelen’s adjacent property.

STATEMENT OF ISSUES

I. DID THE BOARD IMPROPERLY GRANT THE PATTERSONS’S APPLICATION FOR A PRIVATE WAY ACROSS THE JELEN’S LAND?

II. WAS THE BOARD’S DECISION SUPPORTED BY SUBSTANTIAL EVIDENCE?

III. DID THE CIRCUIT COURT EXCEED THE PROPER SCOPE OF REVIEW?

FACTS

¶ 2. The Pattersons own the dominant estate with an existing easement over part of Jelen’s property. The existing…