King v. Board of County Commissioners

BURKE, Justice,

concurring in part and dissenting in part, with whom VOIGT, Justice, joins.

[131] I respectfully dissent from that part of the majority's decision affirming the dismissal of the Kings' and Hansen's claims. Like the majority, I agree with the district court's decision to grant summary judgment to the Kings and Hansen on the question of whether the easement for Bunker Road was of public record, and to set for trial the question of whether they were bona fide purchasers for value without notice of the Bunker Road easement. I disagree, however, with the district court's subsequent…