Galvin v. Canyon Highway District No. 4

WALTERS, Justice.

This is an appeal from a district court decision affirming the Canyon Highway District’s decision to validate a public right-of-way. We vacate the highway district’s validation order and remand the ease to the highway district’s Board of Commissioners for further proceedings.

BACKGROUND AND PRIOR PROCEEDINGS

The public right-of-way at issue in this case is a portion of Old Middleton Road that provides the only access to three or four residences, but apparently no longer has any other general public purpose.

Middleton Road has been in use since sometime prior to 1914. Until 1968,…