Summary 2013 WY 53

Summary of Decision May 8, 2013

Justice Hill delivered the opinion for the Court. Dismissed.

Case Name: R. MARK ARMSTRONG v. WYOMING DEPARTMENT OF ENVIRONMENTAL QUALITY, JOHN CORRA, JAMES UZZELL, ROBERT DOCTOR, and DALE ANDERSON, as Individuals in Their Personal Capacity and in Their Official Capacity

Docket Number: S-12-0210

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

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

Representing Appellant: R. Mark Armstrong, Pro se.

Representing Appellee: Gregory A. Phillips, Wyoming Attorney General; John D. Rossetti, Deputy Attorney General; and Thomas W. Rumpke, Senior Assistant Attorney General.

Date of Decision: May 8, 2013

Facts: R. Mark Armstrong challenged an order dismissing his breach of contract claims against the State of Wyoming’s Department of Environmental Quality (DEQ).

Issues: Armstrong indentifies twelve issues, but his argument seems to be limited to three basic questions for this Court, which we rephrase as follows:

1. Regarding the breach of contract, Armstrong claims the DEQ breached a settlement agreement by treating his resignation as unconditional and failing to satisfy the conditions. Further, because Armstrong’s resignation was included in the settlement offer, the governor of Wyoming should have approved the settlement. Also, the Wyoming Governmental Claims Act does not bar his contract claims.

2. Armstrong asserts that the State should be stopped from raising res judicata as a defense, and further, judicial estoppels should preclude the State from claiming the breach of contract issues were decided in federal court.

3. In his third and final argument, Armstrong discusses his defamation claims, claiming that defamation affected his ability to acquire and maintain employment.

Holdings: Based upon Armstrong’s failure to follow the Wyoming Rules of Appellate Procedure, the Court dismissed.

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

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