Thursday, December 13, 2012

Summary 2012 WY 156

Summary of Decision December 13, 2012

Justice Burke delivered the opinion for the Court. Affirmed.

Case Name: CITY OF CHEYENNE, WYOMING, a Municipal Corporation v. THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LARAMIE, WYOMING, and DEBORAH K. LATHROP, in her official capacity as the County Clerk of Laramie County, Wyoming, and JOSEPH D. FENDER and SHARI-SUE FENDER, Husband and Wife.
Docket Number: S‑12-0058

Appeal from the District Court of Laramie County, Honorable Thomas T.C. Campbell, Judge

Representing Appellant (Plaintiff/Defendant): John H. Ridge and Daniel E. White, City of Cheyenne, City Attorney’s Office, Cheyenne, Wyoming. Argument by Mr. Ridge.

Representing Appellee (Plaintiff/Defendant): Alexander K. Davison, Patton and Davison, Cheyenne, Wyoming; Mark T. Voss, Laramie County Attorney’s Office, Cheyenne, Wyoming; John M. Walker and Robert J. Walker, Hickey and Evans, LLP, Cheyenne, Wyoming. Argument by Mr. Voss and Mr. Davison.

Date of Decision: December 13, 2012

Facts: The facts were established by stipulation of the parties. Roundup Heights is a subdivision located in the County. It was platted in 1955. In 2010, the owners of certain lots applied for County approval of a partial vacation of the subdivision plat to eliminate some lot boundaries and rights-of-way. During the review process, the City submitted a comment stating that the affected property is within one mile of the City limits, and asserting on that basis that both City and County approval were required for the partial vacation. The County disagreed, and granted the partial vacation without City approval. The City filed suit, seeking declaratory judgment that joint City and County approval is required for partial vacation if the affected land is within one mile of the City. The district court issued summary judgment in favor of the County, and the City appealed.
Issues: The issue as stated by the City is “Whether Title 34, Chapter 12 of the Wyoming Statutes requires joint City/County approval before a partial vacation of a plat may be recorded, when the affected plat of land is located within one (1) mile of a city boundary.”

Holdings: The district court’s grant of summary judgment in favor of the County was affirmed.

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

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]

No comments:

Check out our tags in a cloud (from Wordle)!