Boutwell v. State

Like Justice Lyons, I concur in the holding of Part III of the main opinion' that Boutwell’s appeal was untimely, and I dissent from the holding in Part IV applying the doctrine of equitable estoppel to allow Boutwell’s appeal to proceed. I join in Justice Lyons’s writing. I write separately to express my concern with the well-intentioned departure in the main opinion from long-established and well-considered principles of equitable estoppel.

The State sought to condemn certain property owned by Boutwell. On January 26, 2004, the probate judge for Covington County signed an order condemning…