CITIZEN INITIATIVE: County Windmill initiative properly found invalid… Wittman affirmed. [Read more…]
Public road, 1915 curative statute properly applied
PUBLIC ROAD: 1915 curative statute properly applied to find that County abandoned road in 1916… Ruiz affirmed. [Read more…]
Rehearing denied in subdivision access case
REHEARING denied in subdivision access case as to abandonment of part of county road… Order. [Read more…]
Subdivision roads, access to neighboring subdivision
SUBDIVISION ROADS: Public access easements properly held not to include primary access to neighboring subdivision… Eddy affirmed. [Read more…]
Costs, subdivision variance summary judgment
COSTS: Bill of costs in subdivision variance summary judgment properly found timely, did not include unallowable costs… Allison affirmed (memorandum). [Read more…]
Zoning, Major Change in Use Permit, vacation rentals
ZONING: Judge properly determined that Major Change in Use Permit improperly allowed structures for short-term vacation rentals but erred in requiring restoration to unaltered condition… attorney fees & costs awarded to Plaintiffs properly allocated half against Intervenor property owners after County settled out… Eddy affirmed, reversed. [Read more…]
Special Use Permit, Board of Adjustment appeal
SPECIAL USE PERMIT: 2015 statute granted Commissioners discretion in reviewing BOA determination but abuse of discretion standard of review applies… Commissioners abused discretion by re-weighing the evidence and modifying, reversing, or remanding BOA’s conditions… Manley. [Read more…]
Subdivision, 17,240 acres in 40-acre parcels
SUBDIVISION: Unrecorded 1974 photos marked into 40-acre parcels insufficient to constitute subdivision… agreement to sell 17,240 acres in 40-acre parcels as buyer secures contracts did not create segregated parcels… Clerk & Recorder not equitably estopped from refusing to file deeds… Hayworth affirmed (IOR I-3(c)). [Read more…]
Water, “combined appropriation” rules
WATER: 1993 rule interpreting “combined appropriation” in WUA as “groundwater developments that are physically manifold into the same system” properly invalidated, 1987 rule that “groundwater developments need not be physically connected nor have a common distribution system to be considered a `combined appropriation”’ properly reinstated… DNRC improperly ordered to initiate rulemaking…. Sherlock affirmed, reversed. [Read more…]
Public access, county road/bridge to river
PUBLIC ACCESS: Public road right-of-way established by prescription includes land necessary for maintenance, safe/convenient use, not just part traveled, separate secondary easement not applicable to determine width… [Read more…]