Summary 2010 WY 49

Summary of Decision issued April 22, 2010

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

Case Name: Elk Horn Ranch, Inc. v. Bd. of Cty Commissioners of Crook County, Wyoming

Citation: 2010 WY 49

Docket Number: S-09-0137

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

Representing Appellant Elk Horn Ranch, Inc.: John M. Daly and Matthew R. Sorenson, Daly, Davidson & Sorenson, LLC, Gillette, Wyoming.

Representing Appellee Bd of Crook Cty Commissioners: Joseph M. Baron, Crook County Attorney.

Representing Appellee/Intervenor Crago Ranch Trust: Mark L. Hughes, Hughes Law Office, Sundance, Wyoming.

Facts/Discussion: Elk Horn Ranch, Inc. appealed the district court’s sua sponte dismissal of its petition for review of a decision by the Crook County Board of Commissioners (Board.)
The single issue is whether the district court erred in dismissing the petition for review. There are procedures that must be followed when dismissing a case sua sponte. The leading federal decision is Tingler v. Marshall in which the court outlined a five-step procedure for dismissal of complaints sua sponte: allow service of the complaint upon the defendant; notify all parties of the court’s intent to dismiss; give the plaintiff a chance to either amend his complaint or respond to the reasons stated in the notice; give the defendant a chance to respond or file an answer or motions; and if the claim is dismissed, state the reasons for the dismissal. The Court stated that the five-step process outlined in Tingler and adopted in Osborn v. Emporium Videos are required for a sua sponte dismissal of an administrative appeal.

Conclusion: The district court did not follow the five-step process required when dismissing a case sua sponte. It did not notify the parties of its intent to dismiss, or give the parties a chance to respond.

Reversed and remanded.

J. Burke delivered the decision.

Link: http://tinyurl.com/2aracle .

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