Burrup v. Stanger

This case was appealed from the trial court’s judgment declaring a road across land owned by the Stangers to be public. The judgment also ordered the Stangers not to obstruct the use of the road by the public and ordered the county to continue to maintain the road.

We assigned the case to the Court of Appeals, which issued an opinion reversing the judgment of the trial court. Burrup v. Stanger, 114 Idaho 50, 753 P.2d 261 (1988). The Court of Appeals held that the trial court “erred in determining that the facts demonstrated sufficient public maintenance for a public highway under I.C. §…