Big Horn County Commissioners v. Hinckley

ROSE, Justice.

This appeal questions the ability of the appellant, Big Horn County Commissioners, to establish a county road under the common-law doctrine of prescription without complying with the condemnation provisions set forth in § 24-60, W.S.1957, C.1967 [now § 24-3-118, W.S.1977]1 and the provi*575sions regarding a showing of necessity set forth in § 24-6(b), W.S.1957, C.1967 [now § 24-l-105(b), W.S.1977].2 The district court found that the Board must comply with these provisions and remanded the case to the Board for further proceedings, We will hold that there must be further proceedings…