Summary 2008 WY 74

Summary of Decision issued June 30, 2008

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

Case Name: Dwan v. Indian Springs Ranch Homeowners Assoc., Inc.

Citation: 2008 WY 74

Docket Number: S-07-0154

Appeal from the District Court of Teton County, the Nancy J. Guthrie, Judge.

Representing Appellant: David G. Lewis, Jackson, Wyoming.

Representing Appellee: Frank Hess of Hess Carlman & D’Amours, LLC, Jackson, Wyoming; Heather Noble, Jackson, Wyoming.

Facts/Discussion: Dwan appealed from the district court’s grant of summary judgment to the Indian Springs Ranch Homeowners Assoc. (HoA). Dwan presented the issue whether the Board acted unreasonably in rejecting her application to build a proposed addition to her residence. She also argued that HoA could not make her seek a variance. Dwan had built a residence and guesthouse/garage using plans which had been approved. The addition request in the instant case was not approved even though it reflected design similar to the previously approved buildings.
The CCRs state that approval of applications by the Board shall not be unreasonably withheld. The only reason given by the committee and the Board for the denial was that the roof pitch did not comply with the CCRs. Yet Dwan had received permission for and had built her residence and detached guesthouse/garage with the identical roof pitch proposed for her addition. The CCRs are to provide for consistent, compatible and attractive development. If Dwan had been forced to follow the roof pitch required by the CCRs the roof pitch on her addition would not be as steep as the rest of her residence and the design of the existing house would be irreparably damaged.

Holding: The Court found no genuine issues of material fact and that summary judgment was appropriate. Dwan was not required to seek a variance from the Members. The only question was the correct application of the facts to the language of the CCRs. Pursuant to the CCRs, Dwan could only move forward upon recommendation of approval by the Board and the Board’s correspondence indicated they were not disposed to do so. The only objection was that the roof pitch did not conform to the requirements in the CCRs. The proposed roof pitch was identical to the roof pitch of the rest of the residence. The Court stated that her application should be approved.

Reversed and remanded.

J. Golden delivered the decision.

Link: http://tinyurl.com/5smhga .

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