S.K. Johnston, III and Julie N. Boyle f.k.a. Julie N. Johnston, et al. - Page 47

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            petitioners argue that rural development in Sheridan County means                         
            larger (i.e., 35-acre lots or greater) tract development with                             
            residences built on prominent points overlooking scenic views, or                         
            rural acreage tracts used for the buyer's personal recreation, or                         
            to build cabin sites.  Thus, local zoning ordinances have no                              
            effect on rural development of the type petitioners describe.                             
                  In determining the property's highest and best use,                                 
            respondent relies heavily on Boyett's finding that the property                           
            had no development potential.  At trial, Boyett testified that                            
            the property at issue is not located in an area where there are                           
            other residential or commercial developments.  This conclusion is                         
            in direct conflict with the evidence.  First, we mention that the                         
            property is located approximately 5 miles from the Bighorn                                
            Equestrian Center, one of the oldest polo clubs in the United                             
            States, which also provides community facilities, such as fields                          
            for soccer and baseball, and a clubhouse that can be rented out                           
            for weddings and funerals.  There is a development of houses and                          
            cabins just southeast of the property, which is situated on rough                         
            mountainous land similar to portions of the easement property.                            
            Moreover, just 4 or 5 miles west of the property, there is a                              
            2,000-acre development known as Teepee Creek, which is 1,000 feet                         
            higher in elevation than the easement property and has similar                            
            mountainous topography.  Just off the southwest portion of the                            
            easement property, composed of some of the roughest terrain,                              
            there is a seasonal cabin of the type commonly found in this                              



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