Court of Appeals 06.23.09

The Court issued a published opinion on cartway establishment in today’s round of opinions.  Breaking new ground in one of the quainter corners of municipal law, the Court held that a town must route a cartway to a useful part of an owner’s property, not just the shortest and cheapest route to the lot line.  The opinion is refreshingly short, but the recitation of facts is a good example of how even a diligent study process can lead everyone away from what seems like an obvious answer.

In its unpublished opinions, the Court affirms that absolute legislative privilege applies to all types of boards, councils and official bodies when they’re in open session (another page in the Middle-Snake-Tamarac Rivers Watershed saga). The Court also issued a rash of opinions (at least 3) touching on DWI source code – all of which affirm the District Court’s decision, whether that was to deny or approve the motion.  Is the Court of Appeals intending to punt until the Supreme Court comes up with something more definitive?  We’ll have to see.


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