dissenting with whom McCLINTOCK, Justice, joins.
I dissent for the reasons set forth in my dissent to McGuire v. McGuire, Wyo., 608 P.2d 1278.
Until either (1) the legislature repeals §§ 24-9-101 through 24-9-103, W.S.1977 (the statutes under which this action was brought) or, (2) we acknowledge our error in not enforcing the supersedure of these statutes by Rule 71.1, W.R.C.P., the courts and parties will be “hamstrung” as they attempt to administer and receive justice under these unwieldy and inconsistent statutes. Until such is done, the statutes engender uncertainty and conflict, and court dockets will reflect prolongation of litigation and increase in appeals.
I would remand the case with direction to vacate both the order appealed from and the decision of the Board of County Commissioners without prejudice to institute proper proceedings under Rule 71.1 for the purpose of obtaining an alleged private way of necessity.