Summary 2013 WY 38

Summary of Decision April 2, 2013

Justice Voigt delivered the opinion for the Court. Affirmed.

Case Name: VILLAGE ROAD COALITION v. TETON COUNTY HOUSING AUTHORITY;

DON GRONBERG, SUE GRONBERG, JIM FARMER, CHRISTY FOX, JENNY FOX, DENNIS CHICHELLI, SUE CHICHELLI, DEBORAH FOX, DON LANDIS, BEVERLY LANDIS, SCOTT AUSTIN, HOLLY AUSTIN, ROBIN MOYER, PETER MOYER, DOUG HANSON, ANNA MARIE HANSON, BARBARA SELLAS, DEBORAH D. WARD, PAUL PERRY, PAM ROMSA, LOU BREITENBACH, KEN JERN, and SHERRIE JERN v. TETON COUNTY HOUSING AUTHORITY.

Docket Number: S-12-0096; S-12-0104

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

Appeal from the District Court of Teton County, Honorable Timothy C. Day, Judge.

Representing Appellant in Case No. S-12-0096: Phelps H. Swift, Jr. of Wilson, Wyoming.

Representing Appellants in Case No. S-12-0104: Peter F. Moyer of Jackson, Wyoming.

Representing Appellee in Case Nos. S-12-0096 and S-12-0104: Kim D. Cannon and Tenille L. Castle of Davis and Cannon, LLP, Sheridan, Wyoming. Argument by Mr. Cannon.

Date of Decision: April 2, 2013

Facts: This opinion represents the consolidation of two related appeals. The plaintiffs in the underlying dispute appealed the district court’s decision to grant Teton County Housing Authority’s (TCHA) motion to dismiss for lack of standing. Separately, Village Road Coalition (VRC) appealed the district court’s decision to deny VRC’s motion to intervene in the underlying dispute for failure to file its motion in a timely fashion.

Issues: 1. Did the district court abuse its discretion by denying VRC’s motion to intervene?

2. Was the district court’s decision to grant TCHA’s motion to dismiss in accordance with the law?

Holdings: The plaintiffs and TCHA had been involved in a protracted dispute centered on TCHA’s purchase of residential property in the neighborhood where the plaintiffs reside. VRC sought to intervene in the underlying dispute, but was not timely in filing its motion to intervene. Because VRC’s interests and relief sought were duplicative of those presented by the plaintiffs, the Court affirmed the district court’s decision denying the motion to intervene. The district court granted TCHA’s motion to dismiss TCHA’s declaratory judgment action for lack of standing. The plaintiffs failed to allege a tangible interest that had been harmed by the acquisition of the property, so the Court affirmed.

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

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