Summary 2012 WY 97

Summary of Decision July 18, 2012

Justice Burke delivered the opinion for the Court. Affirmed.

Case Name: GEORGE M. and GERALDINE E. ZEIMENS v. CITY OF TORRINGTON, a Municipal Corporation; and the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF GOSHEN

Docket Number: S-11-0266

URL: http://www.courts.state.wy.us/Opinions.aspx

Appeal from the District Court of Goshen County, Honorable Keith G. Kautz, Judge.

Representing Appellants: Karen Budd Falen and Brandon L. Jensen, Budd-Falen Law Offices, LLC, Cheyenne, Wyoming. Argument by Mr. Jensen.

Representing Appellees: Andrew F. Sears, Murane & Bostwick, LLC, Casper, Wyoming; Loyd E. Smith, Murane & Bostwick, LLC, Cheyenne, Wyoming. Argument by Mr. Smith.

Date of Decision: July 18, 2012

Facts: Appellants, George and Geraldine Zeimens, contended that the right-of-way for Sheep Creek Road is sixty-six feet wide. If correct, an electric power line built by the City of Torrington is located, in part, outside of the right-of-way and on the Zeimens’ property. Torrington and Goshen County contended that the right-of-way is eighty feet wide, and that the electric power line is located entirely within the right-of-way. Unable to resolve their differences, the Zeimens filed suit against the City and the County. After a bench trial, the district court ruled that the right-of-way is eighty feet wide, and entered judgment in favor of Torrington and the County. The Zeimens appealed that judgment.

Issues: The Zeimens presented these two issues:

Whether the board of county commissioners failed to make certain and definite the width ascribed to Goshen County Road 72.

Whether the width of the right-of-way for Goshen County Road 72 is limited to that width as actually laid out and opened to public travel, or sixty-six feet.

The City and the County disagreed with this statement of the issues, and asserted that the only issue on appeal was whether the district court correctly ruled that Sheep Creek Road is eighty feet wide, thereby precluding the Zeimens’ claims for taking and trespass.

Holdings: The Court found no error in the district court’s legal conclusions. The Court affirmed the judgment against the Zeimens and in favor of the City of Torrington and County of Goshen.

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

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