Wyoming Injunction Law
In re: Robert Rael; Lisa Rael
<center><br> <img width="300" src="https://www.usmarshals.gov/district/wy/images/cheyen~1.jpg"><br> </center><br> <br> This appeal involves several orders entered in the bankruptcy proceedings<br> stemming from the joint petition for bankruptcy relief filed by Robert and Lisa Rael<br> (“the Raels”), and the adversary proceeding filed by the United States Trustee<br> 2<br> (“Trustee”) seeki... More...
$0 (12-10-2018 - WY)Karl Allred v. Eli D. Bebout, et al.
[¶1] Two Wyoming citizens sought to challenge legislation that authorized two<br> construction projects while maintaining a degree of legislative control which the citizens<br> contend violate the Wyoming Constitution. They also alleged a pattern of letting state<br> contracts without competitive bidding or required safeguards, contrary to the Wyoming<br> Constitution and laws. They sought to ame... More...
$0 (01-30-2018 - WY)The Tavern, L.L.C. and Sall, L.L.C. v. The Town of Alpine, Wyoming
[¶1] Appellants The Tavern, LLC and SALL, LLC sued the town of Alpine, asserting<br> several claims stemming from Alpine’s financing and construction of a new sewage<br> treatment facility. Appellants challenged the legality of the indebtedness Alpine incurred<br> for the project, alleging that the loans exceeded the constitutional and statutory debt<br> limitations imposed upon municipalities.... More...
$0 (05-16-2017 - WY)<b><h3>JASON THORNOCK v. PACIFICORP, an Oregon Company</b></h3>
In the fall of 2009, Mr. Thornock requested that PacifiCorp provide electric service to an irrigation pivot on his property. On March 23, 2010, Mr. Thornock signed a General Service Contract (first contract) authorizing PacifiCorp to provide electric service to the pivot. The contract stated that the agreement is “between PacifiCorp, doing business as Rocky Mountain Power (“Company”), and... More...
$0 (09-21-2016 - WY)State of Wyoming, et al. v. United States Department of the Interior, et al.
This matter comes before the Court on the Petitions for Review of Final Agency Action filed separately in each of these consolidated actions, challenging the Bureau of Land Management's issuance of regulations applying to hydraulic fracturing on federal and Indian lands. The Court, having considered the briefs and materials submitted in support of the petitions and the oppositions thereto, includi... More...
$0 (06-23-2016 - WY)Triangle Cross Ranch, Inc., Gerald E. Schneider and Michaeleen Schneider v. State of Wyoming, Wyoming Department of Family Services
Appellant Gerald Schneider has owned the property now operated as the Triangle Cross Ranch since 1973. Mr. Schneider and his wife, Appellant Michaeleen Schneider, founded Mount Carmel Youth Ranch (Mount Carmel), a Wyoming nonprofit corporation, which operated at the same location to provide group home licensed services to troubled youths. When the Mount Carmel board of directors decided to clos... More...
$0 (02-16-2016 - WY)Wyo-Ben, Inc., a Corporation v. Boyd J. Van Fleet
The State of Wyoming issued a gentleman by the name of D.K. Jones a patent for the property involved in this case in 1955. A couple of decades passed before he and his wife (who was on the title by that time) entered into a mining lease which covered their property and some neighboring lands with Wyo-Ben on November 1, 1970. This conveyance is known as the Jones-Manning lease. [¶4] The lease a... More...
$0 (11-19-2015 - WY)The Courtnery C. and Lucy Patten Davis Foundation and Amy Davis v. Colorado State University Research Foundation
[¶1] In 1997, the Courtenay C. Davis Foundation ("the Davis Foundationâ€) and Amy Davis (collectively "the Davis Interestsâ€) entered into an agreement with the Colorado State University Research Foundation and the University of Wyoming Foundation ("the University Foundationsâ€). Through that agreement, the Davis Interests gifted land and other interests to the University Foundatio... More...
$0 (03-05-2014 - WY)Free Speech v. Federal Election Commission
This matter comes before the Court on Defendant Federal Election Commission's ("FEC" or"the Commission") Motion to Dismiss [Doc. 33]. The Court, having reviewed the parties' written submissions, being familiar with the case file by virtue of having previously heard argument and having addressed the likelihood of success on the merits of Plaintiffs claims in conjunction with Plaintiffs Motion for P... More...
$0 (06-25-2013 - WY)Stephen Smith v. Board of County Commissioners of Park County, Wyoming
[¶1] The Smiths contend that an unlawful taking occurred when the Board of County Commissioners of Park County (the Board) declared the Smiths' private driveway to be part of a county road. Failing to obtain any relief through administrative proceedings, the Smiths sued the Board in district court, alleging claims of inverse condemnation under Wyo. Stat. Ann. § 1-26-512 (LexisNexis 2011), inve... More...
$0 (01-09-2013 - WY)Northern Arapaho Tribe v. Scott Harnsberger
Plaintiff-Appellant, the Northern Arapaho Tribe ("Appellant†or "Northern Arapahoâ€), sued various state and county officials in Wyoming, seeking an injunction against the state's imposition of certain vehicle and excise taxes in an area that Appellant contends is Indian country. Appellant claimed that the state may not tax its members in Indian country, and that the Indian country stat... More...
$0 (10-18-2012 - WY)Anne Uhr White v. Shane Edeburn Construction, LLC
[¶1] The issues presented in these appeals involve three parcels of land formerly owned by Appellant, Anne Uhr White, in the Table Mountain Ranches ("TMRâ€) subdivision in Laramie County, Wyoming. In early 2011, Appellees Shane Edeburn Construction, LLC, Paris Edeburn, and Paul Tozer, initiated legal action to terminate Ms. White's lease on Lot 2 and Tract 12 of the TMR subdivision. Ms. Whit... More...
$0 (09-18-2012 - WY)Sky Harbor Air Service, Inc. v. Shelly Reams
In 2008, Sky Harbor Air Service, Inc., ("Sky Harborâ€) and its owner, H. Paul Martin, asserted more than a dozen claims against various defendants in the U.S. District Court for the District of Wyoming. On summary judgment, the district court dismissed all of their claims. Sky Harbor and Mr. Martin also were held liable on a breach-ofcontract counterclaim and ordered to pay attorney fees.<br>... More...
$0 (07-20-2012 - WY)Operation Save America v. The City of Jackson
[¶1] The Town of Jackson applied to the district court for an ex parte temporary restraining order (TRO) against Operation Save America (OSA), an anti-abortion protest group. The Town sought to restrict OSA's demonstration activities in and around the Jackson Town Square during the Boy Scouts' 2011 annual Elk Fest. The district court granted the ex parte TRO, which enjoined OSA "from assembling o... More...
$0 (04-10-2012 - WY)Brandon A. Purcella v. Cynthia R. Purcella
[¶1] Burt A. Purcella established a trust into which he transferred his assets, including his fifty percent ownership in a self storage business. He acted as trustee but named his wife, Cynthia Purcella (Wife), and his adult children from a prior marriage, Brandon Purcella and Millicent Julynn Jones (Children), as successor trustees. Upon Mr. Purcella's death, the successor trustees were to divid... More...
$0 (08-26-2011 - WY)Hugh Hageman v. The Goshen County School District No. 1
[¶1] In an effort to address a perceived drug and alcohol problem among its students, Goshen County School District No. 1 adopted a policy requiring all students who participate in extracurricular activities to consent to random testing for alcohol and drugs. Appellants initiated litigation, claiming that the Policy is unconstitutional. The district court granted summary judgment in favor of the ... More...
$0 (06-06-2011 - WY)William S. Hansuld v. Lariat Diesel Corporation
[¶1] In these consolidated appeals, two adjoining landowners dispute two separate easements. In appeal No. S-09-0206, the Hansulds appeal a district court finding that they do not have an easement for a water line across the property of Lariat Diesel Corporation. We reverse.<br><br>[¶2] In appeal No. S-09-0207, Lariat Diesel Corporation and its president, Marvin Peil, appeal a district court's r... More...
$0 (12-09-2010 - WY)Harry E. Stephens v. Gregory D. Lavitt
[¶1] Harry E. Stephens appeals from the district court"s order adjudging him in contempt of court for violating an injunction that required him to lock a gate on his easement across property owned by Gregory D. and Debra C. Lavitt (Lavitts). The district court terminated Mr. Stephens" easement as a sanction for the contempt. He claims the district court did not have jurisdiction over a criminal c... More...
$0 (09-23-2010 - WY)Mark A. Dorr v. Smith, Keller & Associates
[¶1] Mark A. Dorr appeals from the district court"s denial of his motion to declare Smith, Keller & Associates" (SKA) judgment against him satisfied. He challenges the district court"s rulings that posting a supersedeas bond did not stop interest from accruing on the judgment and he was not entitled to credit against the judgment for settlements made by third parties in related actions.<br><br>[�... More...
$0 (08-24-2010 - WY)Northfork Citizens for Responsible Development v. Board of County Commissioners of Park County
[¶1] Northfork Citizens for Responsible Development, David Jamison, and Robert Hoszwa (collectively Northfork) have appealed the district court's affirmance of the approval by the Board of County Commissioners of Park County (the Board) of a subdivision proposed by Worthington Group of Wyoming, LLC (Worthington).1 Northfork raises evidentiary and procedural issues. In a cross-appeal, Worthington ... More...
$0 (04-08-2010 - WY)CBM Geosolutions, Inc. v. Gas Sensing Technology Corp.
[¶1] Appellants, CBM Geosolutions, Inc. (CBM), Bret Noecker, and Brian LaReau, request relief from a preliminary injunction granted by the district court to Appellee, Gas Sensing Technology Corp. (GST), during an underlying lawsuit to enforce non-compete and non-disclosure agreements between the parties. Finding correct application of the law, and no abuse of discretion, we affirm.<br><br>ISSUES<... More...
$0 (09-14-2009 - WY)Burlington Northern Santa Fe Railway Company v. Gallatin Fuels, Inc., etc.
Appellants, referred to collectively hereafter as "Gallatin,†argue that the district court made a number of errors in entering an order of condemnation in favor of appellee Burlington Northern Santa Fe Railway Company ("BNSFâ€) in regard to the 50-foot wide tract of land described in the caption (50-foot tract). Gallatin asserts six points of error. Because we find that none of them ha... More...
$0 (09-04-2009 - WY)Aviat Aircraft, Inc. v. Edward Saurenman
[¶1] Appellant, Aviat Aircraft, Inc. (Aviat), seeks review of the district court's "Judgment in Accordance with Verdict.†We will explain the details below, but we briefly note here that Aviat actually appealed from a decision of the district court that was made independent of, but which was subsumed into, the above identified "Judgment.†We also note that Aviat filed a motion for new... More...
$0 (08-14-2009 - WY)Save Our Snowplanes v. Ken Salazar
Save Our Snowplanes, a group of snowplane enthusiasts, challenged a National Park Service ("NPSâ€) winter use rule eliminating snowplanes in Grand Teton National Park. It alleged violations of both the Administrative Procedure Act ("APAâ€) and National Environmental Policy Act ("NEPAâ€). But we cannot redress Save Our Snowplanes' alleged injury because the complaint challenged a win... More...
$0 (06-02-2009 - WY)Ronnie L. Cook v. Daniel L. Swires
[¶1] The district court confirmed the execution sale of Mr. Cook's Albany County real property to satisfy two Colorado judgments. On appeal, Mr. Cook claims that the filing of the foreign judgments was insufficient pursuant to the Uniform Enforcement of Foreign Judgments Act, the property was not available for execution, the district court did not allow him the proper redemption period and he is... More...
$0 (02-19-2009 - WY)Edmond A. Cook v. Ivan Eddy
[¶1] After a bench trial, the district court quieted title to approximately 40 acres of Edmond A. Cook"s land to Ivan Eddy. Mr. Cook appeals, claiming the district court erred by ruling that Mr. Eddy had acquired title to the property by adverse possession.<br><br>[¶2] We affirm.<br><br>ISSUES<br><br>[¶3] Mr. Cook presents the following issues on appeal: 1. Were the trial court"s findings of fa... More...
$0 (09-23-2008 - WY)Newport International University, Inc. v. The State of Wyoming, Department of Education and James M. McBride
[1] Newport International University, Inc. (hereinafter "NIU") appeals from a summary judgment granted in favor of the State of Wyoming, Department of Education and Mr. McBride (hereinafter collectively "Department"). The district court ruled that the Private School Licensing Act, Wyo. Stat. Ann. §§ 21-2-401 to 407 (LexisNexis 2007) (hereinafter "Act"), and Department rules promulgated pursu... More...
$0 (06-27-2008 - WY)<a href="http://courts.state.wy.us/Opinions/2007WY10.pdf" target="_new">Thomas L. Wilson and Helen L. Wilson v. Lucerne Canal and Power Company</a>
<P>[1] After a bench trial, the district court ruled in favor of Lucerne Canal and Power Company in a quiet title action that developed out of a festering easement dispute with Thomas L. Wilson and Helen L. Wilson. We affirm in part and reverse in part, and remand for further proceedings consistent herewith. <P> ISSUES <p> [2] 1. Are the Wilsons‘ claims barred by the doctrine of res judic... More...
$0 (01-25-2007 - WY)<a href="http://courts.state.wy.us/Opinions/2006WY147.pdf" target="_new">Philip L. Hoy and Philip's Welding Service, Inc. v. K.C. Miller, et al.</a>
<P>[1] Appellees, K.C. Miller, et al. (hereinafter referred to collectively as "Miller"), own and operate a stock reservoir located south and east of real property owned by Philip Hoy and Philip's Welding Services, Inc. (hereinafter referred to collectively as "Hoy"). Hoy sued Miller, claiming that water seeping out of Miller's reservoir had damaged his property. At trial, Hoy alleged that Miller ... More...
$0 (12-05-2006 - WY)<a href="http://courts.state.wy.us/2005opn/2005WY153.pdf" target="_new">Cecil Cundy, an Individual; and Sundance Mountain Resourt, Inc., v. Range Telephone Cooperative, Inc., et al.</a>
<P>[1] Appellants, Cecil Cundy and Sundance Mountain Resort, Inc. (collectively Cundy), seek review of summary judgment orders issued by the district court. Those orders prohibited Cundy from interfering with the existing rights-of-way enjoyed by Appellees, Range Telephone Cooperative, Inc. (Range Telephone) and Union Telephone Company (Union Telephone), across lands owned by Cundy. We will affirm... More...
$0 (12-01-2005 - WY)<a href="http://courts.state.wy.us/2004opn/2004WY17.pdf" target="_new">Reno Brown v. William B. Johnston, et al.</a>
<P> Lessor filed suit seeking a declaratory judgment that lessees violated the lease, termination of the lease, and ejection of lessees from the leased property. Lessees counterclaimed alleging breach of good faith and fair dealing, breach of covenant of quiet enjoyment, and breach of contract. After a trial, the district court declared lessees did not materially breach the lease agreement, d... More...
$0 (03-17-2004 - WY)<A HREF="http://www.oscn.net/applications/oscn/deliverdocument.asp?citeid=437978" TARGET="_NEW">Judy E. Peters v. West Park Hospital, et al.</a>
<P>This is a medical negligence action brought by the appellant, Judy Peters (Peters), against the appellees, West Park Hospital and two employees of the hospital (the Hospital). Pursuant to W.R.C.P. 41(a)(1), Ms. Peters sought to voluntarily dismiss her case without prejudice. The district court, upon the Hospital's motion, instead dismissed the matter with prejudice on the grounds that the lim... More...
$0 (09-22-2003 - WY)<a href="http://www.courts.state.wy.us/2003opn/2003WY27.pdf" target="_new">Daniel Heilig v. wyoming Game and Fish Commission, Wyoming Game and Fish Department and its director, John Baughnan</a>
<p>[3] Game and Fish began to develop a program in 1998 intended to make hunting on private lands available to the public through agreements with private landowners. The landowners stipulate the species for which they will permit access and the time frame within established hunting seasons in which the public will be allowed access on their private lands. We will refer to this as the Walk-In A... More...
$0 (02-28-2003 - WY)<a href="http://www.kscourts.org/ca10/cases/2003/02/02-8016.htm" target="_new"> Warren D. Nicodemus, et al. v. Union Pacific Corporation</a>
<p>Plaintiffs-appellees are Wyoming landowners (1) Warren Nicodemus, trustee, and (2) John Morris, Norma Morris, and John H. Bell Iron Mountain Ranch Company. Defendants-appellants, Union Pacific Corporation and Union Pacific Railroad Company ("Union Pacific"), own railroad rights-of-way over plaintiffs' respective properties. Union Pacific acquired the rights-of-way at issue in this case under nu... More...
$0 (02-13-2003 - WY)<a href="http://www.kscourts.org/ca10/cases/2003/02/02-8087.htm" target="_new">Greater Yellowstone Coalition; Jackson Hole Conservation Allians and Snake River Fund, Plaintiff-Intervenor v. Robert B. Flowers</a>
This case involves a proposal to construct an eighteen-hole golf course and residential development along the Snake River in Wyoming, an area that provides important nesting and foraging habitat for the bald eagle, a threatened species. Two environmental groups, the Greater Yellowstone Coalition and the Jackson Hole Conservation Alliance (collectively, the "plaintiffs"), challenge the Army Corps o... More...
$0 (02-20-2003 - WY)<a href="http://www.kscourts.org/ca10/cases/2002/07/01-8071.htm" target="_new">Board of County Commissioners of Sweetwater County, Wyoming, et al. v. Jim Geringer, Governor of Wyoming, et al.</a>
The Appellants in this case, the Board of Commissioners of Sweetwater County, Wyoming, and the Board of Trustees of Memorial Hospital of Sweetwater County, Wyoming (collectively, "Sweetwater County"), appeal a decision by the United States District Court for the District of Wyoming dismissing their suit against Wyoming's governor, treasurer, and auditor (collectively, "Wyoming"). Before the distri... More...
$0 (08-01-2002 - WY)