Summary 2006 WY 126

Summary of Decision issued October 10, 2006

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Case Name: Thompson-Green v. Estate of Robert Jerry Drobish; Daniel J. Drobish; Geoffrey O. Drobish, Robert Jay Drobish; and Fidelity Financial Services, Inc.

Citation: 2006 WY 126

Docket Number: 05-227

Appeal from the District Court of Laramie County, the Honorable Nicholas Kalokathis, Judge

Representing Appellant: Don W. Riske of Riske & Salisbury, PC, Cheyenne, Wyoming.

Representing Appellees: Scott W. Meier and Ian D. Shaw of Hickey & Evans, LLP, Cheyenne, Wyoming. Argument by Mr. Meier.

Issues: Whether Appellant complied with the notice requirements set forth in Wyo. Stat. Ann. § 39-13-108(e) prior to obtaining the tax deed. Whether the tax deed remained valid as to one cotenant’s interest in the property because Appellant did serve that cotenant personally with the requisite notice.

Holding: The appeal concerns the ownership of residential property in Cheyenne. In 2004, the Laramie County Treasurer executed a tax deed granting the property to Appellant. The district court granted summary judgment to Appellees because Appellant did not comply with the aforementioned notice provisions and such a failure as to one owner was sufficient to invalidate the tax deed as to all of the owners of record.
The standard for the review of summary judgments applies in declaratory judgment actions. Summary judgment is proper if the pleading, answers and admissions together with affidavits show there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. The burden of proof shall be upon any party seeking to invalidate title conveyed by a tax deed in any action in any court in Wyoming.
The primary issue is the extent to which Appellant complied with the notice requirements contained in Wyo. Stat. Ann. § 39-13-108(e) prior to applying for the tax deed. Appellant contended that she took all reasonable steps available to her to comply with the requirements of the statute. The Court concluded that undisputed facts established that two of the parties could have been found in Laramie County, Robert Jerry Drobish and Daniel Drobish. The Court stated that a diligent inquiry would have included an attempt to contact Robert Jerry Drobish and determine what information he had regarding the location of the other three Drobishes. The statute clearly contemplates Appellant serve requisite notice on Robert Jerry Drobish as well as Daniel Drobish personally prior to obtaining a valid tax deed; and that her failure to do so rendered the tax deed invalid or void. Appellant argued that she served Daniel when Robert Jerry Drobish accepted service. The argument is premised on Appellant’s argument that such service complied with W.R.C.P.4(d)(1). The Court noted that the statute at issue does not specifically refer to Rule 4 in establishing the framework for serving the requisite notice. One of the primary purposes of this kind of notice is to bring to the person entitled to redeem knowledge that the land has been sold for taxes and within what time frame the same may be redeemed from the sale. Daniel Drobish had the right to redeem the entire property from Appellant before a valid tax deed application had been filed and accepted by the county treasurer. Appellant’s failure to serve Daniel Drobish with the notice to which he was entitled therefore inhibited his ability to redeem the property.
The Court’s holding did not leave Appellant without a remedy. The legislature specifically provided for a similar circumstance in Wyo. Stat. Ann § 39-13-108(e)(viii).

Affirmed.

C.J. Voigt delivered the order for the court.

Link to the case: http://tinyurl.com/gvcme .