Walton v. Dana

RAPER, Chief Justice.

The appellees (Danas) pursuant to § 24-9-101, W.S.1977, petitioned the Board of County Commissioners of Lincoln County for establishment of a private road across lands owned by appellants (Waltons). The commissioners denied the petition. On appeal, the district court reversed the decision and order of the county commissioners and directed that a road be established for the Danas across the land of the Waltons.

The issues as presented by the Waltons are:

“1. Did the Appellees meet their burden of proof before the Board of County Commissioners to show ‘necessity’ as required…