Summary 2008 WY 110

Summary of Decision issued September 18, 2008

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

Case Name: Coffinberry v. Bd. of County Comm., Hot Springs, WY

Citation: 2008 WY 110

Docket Number: S-08-0053

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

Representing Appellant: Richard Coffinberry, Pro Se.

Representing Appellee: Jerry D. Williams, Hot Springs County Attorney, Thermopolis, Wyoming.

Facts/Discussion: The Board of County Commissioners of Hot Springs County, Wyoming, issued and advertised a Request for Proposals for Lease and Management of Airport Facilities. The Board received three proposals, including one from Coffinberry. When the Board did not accept his proposal, he filed in the district court a Petition for Declaratory Judgment in which he sought monetary damages in the amount of his bid, a declaration that the contract awarded was null and void , and a determination of his “rights, status or other legal relations as allowed by § 1-37-103.”
Coffinberry’s Petition does not allege or reflect compliance with the required claims procedures contained in the Wyoming Governmental Claims Act. Therefore, the Court gave no further consideration to the claim for monetary damages.
As to the second basis for the summary judgment, that Coffinberry failed to identify a particular contract, ordinance, statute, or constitutional provision upon which the district court could exercise its authority to declare the appellant’s rights, the Court came to the same conclusion as did the district court. The affidavit of the County Clerk set forth the details of the notice and advertisement process involved in regard to the airport project, and stated that no contract was made with Coffinberry. Coffinberry provided no affidavits, deposition testimony, or other sworn evidence in support of his own motion that the contract signed by the Board should be declared null and void as violative of Wyo. Stat. Ann. § 10-5-101(a)(iv).

Holding: The record presented no disputed issues of material fact. The Board was entitled to judgment as a matter of law because appellant provided neither citation to pertinent authority nor cogent argument to establish that as a person whose lease proposal was not accepted, he had personal rights under Wyo. Stat. Ann. § 10-5-101(a)(iv) that could be determined or declared under Wyo. Stat. Ann. § 1-37-103.

Affirmed.

C.J. Voigt delivered the decision.

Link: http://tinyurl.com/4fr8kv .

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