Whaley v. Flitner Limited Partnership

Appellants sought the establishment of a private road along the upper portion of Black Mountain Road in Big Horn County, but the Big Horn County Board of County Commissioners established a private road along the lower portion of Black Mountain Road. Appellants argued that the route was illogical, unproductive, and uneconomic and was procedurally barred. The Supreme Court affirmed, holding (1) because the district court’s earlier decision in a decision letter did not address the question of whether the proposed private road was reasonable or convenient, collateral estoppel and law of the case did not apply; and (2) the Board’s conclusion that Lower Black Mountain Road was more reasonable and convenient than Upper Black Mountain Road was supported by substantial evidence. View "Whaley v. Flitner Limited Partnership" on Justia Law