Zowada v. Mullinax Concrete Serv. Co., Inc.
Annotate this CaseLandowners Merlin and Lori Zowada filed a petition with the Board of County Commissioners to establish a private road to access their landlocked tract of property through property owned by Mullinax Concrete Service Company. The Board considered six alternative routes for the private road. After the Board ruled on the petition, the Supreme Court determined that the case should be remanded to the commissioners to compare the relative merits of only two alternative routes, Route 1 and Route 6, and to determine whether the greater cost of Route 6 was justified. After further proceedings, the Board established the road along Route 6. The Zowadas sought review of that decision. The Supreme Court affirmed the Board’s findings of fact and conclusion of law, holding that the Board’s decision to establish the private road along Route 6 was supported by substantial evidence.
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