Summary 2008 WY 43

Summary of Decision issued April 10, 2008

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: Coffinberry v. Thermopolis

Citation: 2008 WY 43

Docket Number: S-07-0261

Appeal from the District Court of Hot Springs County, the Honorable Gary P. Hartman, Judge

Representing Appellant (Plaintiff): Richard A. Coffinberry, pro se.

Representing Appellee (Defendant): Michael S. Messenger and Wade Redmon of Messenger & Jurovich, PC, Thermopolis, Wyoming.

Facts/Discussion: In the instant case, Coffinberry tested the authority of a municipality to adopt an ordinance holding the property owner liable for water, sewer and sanitation service fees unpaid by a tenant. He appealed the summary judgment order granted to Thermopolis.
Coffinberry owns property within Thermopolis. In the past, the town has required him to pay for water, sewer and sanitation service fees unpaid by his tenants. Municipalities can exercise only those express and implied powers that are granted to them by statute. The Court has long recognized that the statutory grants of authority to municipalities carry with them the powers necessarily implied from them. Coffinberry’s interpretation of the statutes would have an unreasonably inhibitory effect on the provision of municipal services and runs contrary to that long-recognized principle. The power to hold property owners responsible is necessary because it ensures the fiscal integrity of the utility system.

Holding: The statutes that authorize cities and towns to provide water, sewer and sanitation services also authorize those cities and towns to hold property owners ultimately liable for the cost of providing those services to the property.

Affirmed.

C.J. Voigt delivered the decision.

Link: http://tinyurl.com/6q5pyy .

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