Summary 2008 WY 148

Summary of Decision issued December 15, 2008

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

Case Name: State, DOT v. Robbins

Citation: 2008 WY 148

Docket Number: S-08-0077

Appeal from the District Court of Uinta County, the Honorable Dennis L. Sanderson, Judge.

Representing Appellant State: Bruce A. Salzburg, Wyoming Attorney General; Robin Sessions Cooley, Deputy Attorney General; Douglas J. Moench, Senior Assistant Attorney General; Michael Thomas Kahler, Assistant Attorney General.

Representing Appellee Robbins: Mike Cornia, Evanston, Wyoming.

Facts/Discussion: Robbins initiated this declaratory judgment action to challenge the constitutionality of the statutes under which the Wyoming DOT disqualified him from operating commercial motor vehicles. Rather than deciding the constitutional question, the district court ruled that the DOT lacked authority to disqualify Robbins because he had not been convicted of any crime relating to driving while under the influence of alcohol. On this basis, the district court ruled that the DOT lacked subject matter jurisdiction, and in turn, the district court lacked jurisdiction to consider the declaratory judgment action.

The district court’s decision hinged upon the statutory provision that any person is disqualified from driving a commercial motor vehicle for a period of not less than one year if convicted of driving or in actual physical control of a commercial motor vehicle while the alcohol concentration of the person’s blood, breath or other bodily substance is o.o4%.

The DOT’s authority to disqualify Robbins from operating commercial motor vehicles is found in the statutes. The DOT had subject matter jurisdiction to decide the disqualification case. The statutes also provide the district court with subject matter jurisdiction over Robbins’ declaratory judgment action. Even though Robbins dismissed his petition for judicial review of the DOT’s decision, he may still challenge the constitutionality of the underlying statutes through a declaratory judgment action.

Holding: Even though Robbins dismissed his petition for judicial review of the DOT’s decision, he may still challenge the constitutionality of the underlying statutes through a declaratory judgment action. The Court reversed the district court’s decision that it lacked subject matter jurisdiction. The Court remanded the case to the district court to consider Robbins’ declaratory action challenging the constitutionality of the statutes under which the DOT disqualified him from driving commercial vehicles.

Reversed and remanded.

J. Burke delivered the decision.

Link: http://tinyurl.com/5lvao4 .

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