Sharpe v. TimchulaAnnotate this Case
In this complaint for establishment of a private road the Supreme Court affirmed in part and reversed in part the judgment of the district court adopting the viewers and appraisers' recommendations regarding the route conditions and use restrictions, and damages, holding that the court erred in its award of damages.
Appellee brought this action proposing that the court designate a route along an existing, unnamed, two-track road that is already subject to easements. The district court appointed three viewers to assess the proposed routes and submit recommendations to the court for the private road, any conditions and restrictions that should be placed on the private road, and damages. The district court determined that the viewers' route represented the most reasonable and convenient route for the private road, declined to impose Appellants' requested restrictions, and adopted the viewers' recommendation as to damages. The Supreme Court remanded for further proceedings on damages, holding that the district court (1) did not err when it designated the viewers' route for Appellee's private road; (2) did not err when it declined to limit use of the private road to a single family dwelling and agricultural purposes and to prohibit Appellee from using it for subdivision; but (3) erred in its award of damages.