Blaine County v. Bryson

BURNETT, Judge.

We are asked to review a summary judgment declaring the “Colorado Gulch Road,” an unpaved lane traversing property owned by appellants Bryson and Parker in Blaine County, to be a “public highway.” The property owners have raised three issues: whether the “Colorado Gulch Road” ever was a public highway within the meaning of I.C. § 40-103; 1 if so, whether the county later abandoned the highway; and finally, whether the county is now precluded from asserting the existence of a highway because it stipulated to the contrary in earlier litigation with other parties. For reasons…