Summary 2012 WY 140

Summary of Decision November 1, 2012


Justice Hill delivered the opinion for the Court. Affirmed.

Case Name: BJ HOUGH, LLC, LEO L. GARCIA, MARY D. GARCIA, FRANCIS SHIVE, RAWLEY D. MARRS, DONELLA L. MARRS, NORMAN PRING, MARY JANE PRING, KATHLEEN SHEEHAN, KENNETH J. RACINE, RENA J. RACINE v. CITY OF CHEYENNE, a Wyoming municipal corporation and SWAN RANCH, LLC.

Docket Number: S-11-0180

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

Appeal from the District Court of Laramie County, Honorable Michael K. Davis, Judge.

Representing Appellants: Gay V. Woodhouse and Teri Cassidy* of Woodhouse Roden, LLC, Cheyenne, WY. Argument by Ms. Woodhouse.

Representing Appellees: Daniel E. White, City Attorney, for Appellee City of Cheyenne. Argument by Mr. White. No appearance entered for Appellee Swan Ranch.

*Order Allowing Withdrawal of Counsel entered March 14, 2012.

Date of Decision: November 1, 2012

Facts: After Swan Ranch was annexed by the City of Cheyenne (“the City”) in 2009, the Appellants herein filed a declaratory judgment action against the City alleging that the annexation was invalid under Wyo. Stat. Ann. § 15-1-402(a). Ultimately, the district court granted the City’s responding summary judgment argument on two claims and conducted trial on the third and final claim. Following trial, the district court found the annexation was proper. This appeal followed.

Issues: The Court restates the Appellants’ issues as a single question: Did the district court err in finding the annexation ordinance valid?

Holdings: The Court concluded that the district court’s decision upholding the Swan Ranch annexation was not clearly erroneous. There was no reason to disturb the decision on the basis of the evidence presented. The district court’s decision upholding the validity of the annexation statute under the facts of this case was affirmed.

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

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