Western Kane County Special Service District No. 1 v. Jackson Cattle Co.

DURHAM, Justice:

Plaintiff (“the County”) sought a ruling that certain roads crossing Jackson Cattle Company’s (“Jackson”) property were public roads and therefore could be used for public purposes without condemnation proceedings. The trial court found that one of the roads had once been a public road, but that the County is now equitably estopped from asserting the existence of a public roadway; the court found that the other roads never acquired the status of a public roadway. We affirm in part and reverse in part.

The County constructed two roads, one running north-south and the other…