- 48 -
area, and it is accessed by the Gulf Road. Finally, we mention
that at trial and again on brief, respondent argues that even if
the property at issue had the possibility of being developed,
such potential was diminished by the fact that the easement
property was landlocked. However, such is not the case, because
pursuant to the easement, petitioners also granted the
Conservancy a right of ingress and egress over their property to
access the easement land.
Moreover, at trial, Boyett testified that he talked to many
local people in the area, including Century 21 realtors
(Century), to assist him in reaching the conclusion that the
property did not have development potential. On October 6, 1993,
however, Boyett wrote a memorandum to Archie Thurman, the Appeals
officer in the instant case, in which he stated that he spoke
with Jack Pelissier (Pelissier) at Century in Sheridan, Wyoming;
Bill King (King) at King Land Investments in Big Horn, Wyoming;
and Ron Prestfeldt (Prestfeldt) of Prestfeldt Engineering, all of
whom concluded that the property had development potential.
Pelissier stated that if the Gulf Road accessed the subject
easement (which it does), then the property definitely has
development potential, because the Gulf Road runs off a county
road to the Bighorn National Forest. Prestfeldt and King noted
that Moncreiffe Ridge had the potential to be developed into a
retirement community with single-family seasonal dwellings. In
light of these comments, we have difficulty understanding why
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