2008 WY 88

Summary of Decision issued July 29, 2008

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

Case Name: Northfork Citizens for Responsible Dev. v. Park County Bd. of County Commr.

Citation: 2008 WY 88

Docket Number: S-07-0258

Appeal from the District Court of Park County, the Honorable Steven R. Cranfill, Judge.

Representing Appellants: Anthony Todd Wendtland and Debra J. Wendtland, Wendtland & Wendtland, LLP, Sheridan, Wyoming.

Representing Appellee, Park County Bd. of County Commr.: Bryan A. Skoric, County Attorney and James F. Davis, Deputy County Attorney, Park County Attorney’s Office, Cody, Wyoming.

Representing Appellee, Worthington Group of Wyoming, LLC: Dawn Rae Scott and Laurence W. Stinson, Bonner Stinson, PC, Powell, Wyoming.

Facts/Discussion: In a series of administrative decisions, the Park County Commissioners approved plans by Worthington Group of Citizens, LLC to develop a residential subdivision known as Copperleaf. Northfork Citizens for Responsible Development, David Jamison and Robert Hoszwa sought judicial review. Jamison and Hoszwa own and live on property adjoining Copperleaf adjacent to the area where Worthington proposes to develop duplexes.
Standing under the Wyoming Administrative Procedure Act has been explained as including one who has a legally recognizable interest in that which will be affected by the action. A potential litigant must show injury or potential injury by alleging a perceptible harm resulting from the agency action. The lesson of the decisions in Hoke and Hirschfield was that adjoining landowners have standing to appeal land use decisions that result in a substantial increase in the allowed housing density. If Jamison and Hoszwa are correct in their assertion that the County’s 1985 approval of duplex development has expired, then the County’s decisions approving Copperleaf will result in a substantial increase in housing density.

Holding: Because Jamison and Hoszwa have established standing in the case, Northfork also has standing. Accordingly, the Court found error in the district court’s order dismissing their appeal.

Reversed and remanded.

J. Burke delivered the decision.

Link: http://tinyurl.com/56dvy2 .

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