Shotgun Creek Ranch, LLC v. Crook County

“Legalization” is a statutory process by which a county governing body can establish the disputed existence or uncertain location, or both, of a county road. See ORS 368.201 - 368.221 (describing process). In this case, the governing body of Crook County, the Crook County Court, legalized a road known as Shotgun Road. The location as legalized by the county court traversed property owned by plaintiff Shotgun Creek Ranch. Plaintiff sought a writ of review in circuit court; the court affirmed. Plaintiff appeals, arguing that the county court had no authority to undertake the legalization; that…