Lewis & Clark County v. Hampton

¶52 The Court affirms a flawed judicial resolution of matters rightly within the discretion of local government. I believe the District Court erred by finding on summary judgment that the agricultural covenant had been revoked, and compounded that error by failing to recognize the existence of the covenant as the dispositive issue in this litigation. Had the District Court properly resolved this issue in the first instance, it would not later have been forced to address such matters as the need for public access easements or the road width necessary to ensure emergency vehicle access. These…