Carney v. Bd. of Cty. Comrs of Sublette

The primary question posed in these consolidated cases concerns the nature and scope of the procedure contemplated by the phrase in the Wyoming Statutes relating to the establishment of private roads, which provides, with respect to the meeting of the - Page 557 viewers and appraisers, that "all persons interested may appear and be heard by the viewers." Section 24-9-101, W.S. 1977 (1987 Cum.Supp.). There are collateral issues raised relating to claims that the decision of the viewers and appraisers was premised, in substantial part, upon information not material under the statutory criteria for location of a private road and a concern, in the cross-appeal, that damages were awarded for the establishment of the road in areas in which the applicants for the establishment of the private road already held easements. We are satisfied that the board of county commissioners correctly followed the statute in this instance; the parties were afforded appropriate due process; and the district court correctly affirmed the order of the board of county commissioners confirming the report of the viewers and appraisers and declaring the establishment of a private road. We affirm the judgment of the district court in all respects.