Summary 2009 WY 30

Summary of Decision issued March 5, 2009

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

Case Name: Hull v. D’Arcy

Citation: 2009 WY 30

Docket Number: S-08-0058

Appeal from the District Court of Platte County, the Honorable David B. Park, Judge.

Representing Appellant Hull: Frank J. Jones, Wheatland, Wyoming.

Representing Appellees D’Arcy and Dalton: Jack John C. Hoard, Casper, Wyoming.

Facts/Discussion: The appeal concerns the validity of a tax deed. Ms. Hull the former owner, contends that the tax deed is invalid because she did not receive the statutorily required notice prior to issuance of the deed. The district court granted summary judgment in favor of the tax deed grantee, Dalton, and the current owners of the property, D’Arcy.
Ms. Hull and her husband owned a residential property in Guernsey. They did not pay the property taxes for 1999 and in 2000 the Platte County Treasurer conducted a tax sale of the property. Dalton paid the delinquent taxes and obtained a certificate of purchase to the property. In 2006, Dalton applied for and received a tax deed. He subsequently conveyed the property to the D’Arcys. They are the current owners of the property and have made improvements to the property since obtaining ownership.
At the time that Dalton began the deed application process, the Hulls had separated and were living in different locations from one another. Ms. Hull contended she never received a copy of any of the letters sent by Dalton nor did she see the notice published in the paper. The district court appeared to conclude as a matter of law that Ms. Hull received actual notice of the forthcoming application for a tax deed based upon its finding that Mr. Hull was Ms. Hull’s agent for receipt of the mailed notice. The Court stated there was insufficient information indicating agency to justify the finding that Mr. Hull was Ms. Hull’s agent.
The Court determined that a genuine issue of material fact existed regarding whether Ms. Hull could be found within Platte County upon exercise of due diligence. In Thompson-Green, the Court addressed a similar situation and ordered summary judgment to the title owners because the tax sale buyer relied upon service to the father and that the son living within Laramie County could have been found upon diligent inquiry.

Conclusion: When the Court considered Ms. Hull’s affidavit in the light most favorable to her, it concluded that a genuine issue of material fact existed regarding whether she could be found within the county upon the exercise of due diligence. Summary judgment in favor of Appellees was inappropriate.

Reversed and remanded.

J. Burke delivered the decision.

Link: http://tinyurl.com/alzqad .

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