Smith v. Bd. of County Comm’rs

Landowners' neighbors filed with the Board of County Commissioners a petition for establishment of a county road along an unsurveyed legal description that closely equated to Landowners' driveway. The Board dismissed the petition, determining that Landowners' driveway already was part of a previously established county road. The district court remanded to the Board to conduct a survey of the county road to determine whether Landowners' driveway was indeed part of the county road. Upon remand, rather than obtaining a survey of the driveway or county road as ordered, the Board declared that the driveway was part of the county road. The district court again remanded. Some time later, the county attorney informed Landowners that the Board did not intend to change its position that Landowners' driveway was part of the existing county road. Landowners sued the Board for inverse condemnation, trespass, and ejectment. The district court granted summary judgment to the Board, concluding that the inverse condemnation claims were barred by limitations and that the trespass and ejectment claims failed as a matter of law. The Supreme Court reversed the district court as to the inverse condemnation claims, holding that Landowners' claims were filed within the applicable statute of limitations. Remanded. View "Smith v. Bd. of County Comm'rs" on Justia Law