Summary 2012 WY 118
Summary of Decision September 7, 2012
Justice Burke delivered the opinion for the Court. Affirmed.
Case Names: ANNE UHR WHITE v. SHANE EDEBURN CONSTRUCTION, LLC; PARIS L. EDEBURN; and PAUL B. TOZER and SHANE EDEBURN
ANNE UHR WHITE v. CONNIE WEBB, SHANE EDEBURN, PARIS L. EDEBURN, and PAUL B. TOZER
Docket Number: S-11-0218, S-11-0219
Appeal from the District Court of Laramie County, Honorable Wade E. Waldrip, Judge
Representing Appellant (Plaintiff/Defendant): Pro se.
Representing Appellee, Connie Webb: Billie LM Addleman and Amanda M. Good, Hirst Applegate, LLP, Cheyenne, Wyoming.
Representing Appellees, Shane Edeburn Construction, LLC, Paris L. Edeburn, Paul B. Tozer, and Shane Edeburn: Karen Budd-Falen and Brandon L. Jensen, Budd-Falen Law Offices, LLC, Cheyenne, Wyoming.
Date of Decision: September 7, 2012
Facts: The issues presented in these appeals involve three parcels of land formerly owned by Appellant, Anne Uhr White, in the Table Mountain Ranches (“TMR”) subdivision in Laramie County, Wyoming. In early 2011, Appellees Shane Edeburn Construction, LLC, Paris Edeburn, and Paul Tozer, initiated legal action to terminate Ms. White’s lease on Lot 2 and Tract 12 of the TMR subdivision. Ms. White counterclaimed against these parties and added Shane Edeburn as a third-party defendant, asserting that they had violated the covenant of good faith and fair dealing in attempting to terminate the lease. Ms. White also filed a separate action against Appellees Shane Edeburn, Paris Edeburn, Paul Tozer, and real-estate agent, Connie Webb, claiming that they committed fraud and wrongfully conspired to deprive her of an opportunity to repurchase Lot 11 after she lost the property in foreclosure. In Docket No. S-11-0218, Ms. White challenged the district court’s grant of summary judgment declaring the lease on Lot 2 and Tract 12 to be terminated and ordering Ms. White to vacate the property. She also challenged the district court’s dismissal of her claim for breach of the implied covenant of good faith and fair dealing. In Docket No. S-11-0219, Ms. White challenged the dismissal of her claims of fraud and conspiracy to commit fraud relating to the sale of Lot 11.
Issues: In Docket No. S-11-0218, Ms. White presented two issues, which the Court rephrased as follows:
Did the district court err in granting summary judgment in favor of the Edeburns with respect to their claim that Ms. White breached the lease agreement? Did the district court err in dismissing Ms. White’s claim for breach of the implied covenant of good faith and fair dealing?
The Edeburns stated the issues in a substantially similar manner as above, but presented the following additional issue: Is the appeal of the termination of the lease agreement moot because the Appellant no longer has an interest in the real estate?
In Docket No. S-11-0219, Ms. White presented three issues, which can be set forth as a single issue: Did the district court err in dismissing Ms. White’s claims for fraud and conspiracy to commit fraud?
Holdings: The Court affirmed the decisions of the district court in both appeals.
Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court
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