- 47 - 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 thisPage: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
Last modified: May 25, 2011