Summary 2013 WY 79

Summary of Decision June 28, 2013

Chief Justice Kite delivered the opinion for the Court. Affirmed.

Case Name: IN THE MATTER OF THE APPLICATION FOR ESTABLISHMENT OF PRIVATE ROAD BY EVAN W. CROSS AND SANDRA D. CROSS, husband and wife, Proposed Road No. 276: WAYNE CURTIS ALTAFFER v. EVAN W. CROSS and SANDRA D. CROSS

Docket Number: S-12-0221

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

Appeal from the District Court of Crook County The Honorable John R. Perry, Judge

Representing Appellant: Kermit C. Brown and Elisa M. Butler of Brown & Hiser LLC, Laramie, Wyoming. Argument by Ms. Butler.

Representing Appellees: Keith R. Nachbar of Keith R. Nachbar, P.C., Casper, Wyoming

Date of Decision: June 28, 2013

Facts: Evan W. Cross and Sandra D. Cross filed an application for a private road with the Crook County Board of County Commissioners (Board). Wayne Curtis Altaffer moved to dismiss the application. After a hearing, the Board granted his motion and dismissed the application. The Crosses filed a petition for judicial review in district court. The district court found that the Board’s decision was not in accordance with the law, reversed the ruling and remanded the case to the Board. Mr. Altaffer appealed the district court’s order to this Court.

Issues: Mr. Altaffer contends the district court erred in reversing the Board’s ruling dismissing the private road application. The Crosses assert the Board erred in dismissing the application.

Holdings: We reverse the Board’s order and remand to the district court for remand to the Board for entry of an order consistent with this decision.

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]

Summary 2012 WY 55

Summary of Decision April 11, 2012


[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]

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

Case Name: MULLINAX CONCRETE SERVICE COMPANY, a Wyoming corporation v. MERLIN AND LORI ZOWADA and THE SHERIDAN COUNTY BOARD OF COUNTY COMMISSIONERS

Docket Number: S-11-0213

URL: http://wyomcases.courts.state.wy.us/applications/oscn/DeliverDocument.asp?CiteID=465349

Appeal from the District Court of Sheridan County, Honorable Dan R. Price II, Judge

Representing Petitioner:

Anthony T. Wendtland and Debra J. Wendtland of Wendtland & Wendtland, LLP, Sheridan, Wyoming. Argument by Ms. Wendtland.

Representing Respondents Merlin and Lori Zowada:

Harlan W. Rasmussen of Attorneys at Law of Wyoming, P.C., Sheridan, Wyoming.

Representing Respondent Sheridan County Board of County Commissioners:

No Appearance.

Date of Decision: April 11, 2012

Facts: This case, concerning a petition for the establishment of a private road filed by the Zowadas, came before the Court for a second time, on a petition for writ of review. In Mullinax Concrete Service Co., Inc., v. Zowada (Mullinax I), 2010 WY 146, 243 P.3d 181 (Wyo. 2010), the Court remanded the case to the district court for further remand to the Sheridan County Board of County Commissioners (the Commission) to make adequate findings of fact on specific issues. While the case was pending before this Court, the legislature amended Wyo. Stat. Ann. § 24-9-101, which governs the procedure used when petitioning for the establishment of a private road. On remand, the Commission and its hearing officer chose to apply the statute as amended in 2008 and 2009, although the case had originally proceeded under the statute as it existed in 2005. Mullinax petitioned the Court to determine whether the amended statute applies or whether the statute applies as it existed in 2005.

Issues: Whether, on remand to the Commission, Wyo. Stat. Ann. § 24-9-101 should be applied as it existed in 2005 or as it currently exists with the 2008 and 2009 amendments.

Holdings: The Court found that Wyo. Stat. Ann. § 24-9-101 as it existed in 2005 applies.

The hearing officer’s decision to apply Wyo. Stat. Ann. § 24-9-101 as it existed in 2009 was in error. While the amendments to the statute are procedural in nature, the Court found that the general rule against retroactive application of the amendment applies. The Commission did not have the authority to certify the matter to the district court. The Court reversed the district court’s order denying Mullinax’s petition for writ of review and remanded the case to the district court to order the Commission to comply with the remand requirements this Court ordered in Mullinax I, 2010 WY 146, ¶ 23, 243 P.3d at 192.

Justice Voigt delivered the opinion for the court.