Wyoming Inverse Condemnation Law

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 several claims stemming from Alpine’s financing and construction of a new sewage treatment facility. Appellants challenged the legality of the indebtedness Alpine incurred for the project, alleging that the loans exceeded the constitutional and statutory debt limitations imposed upon municipalities.... More...

$0 (05-16-2017 - WY)

Cloud v. State Of Wyoming

On August 26, 2009, Appellant Wyatt Bear Cloud and two co-defendants were involved in the armed burglary of a residence in Sheridan, Wyoming. During the course of the burglary, one of Bear Cloud's co-defendants shot and killed one of the home's residents. Bear Cloud was charged with, and ultimately pleaded guilty to, Murder in the First Degree (Felony-Murder), in violation of Wyo. Stat. Ann. § 6-... More...

$0 (11-23-2015 - 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)

Roger Schanzenbach v. Town of La Barge, Wyoming

Plaintiff Roger Schanzenbach sought to install mobile manufactured homes on two properties he owned in the town of LaBarge, Wyoming. The town council initially granted him a building permit for one property but revoked it about two weeks later and then enacted an ordinance that included a provision banning the installation of any manufactured home older than 10 years at the time of the relevant pe... More...

$0 (02-08-2013 - 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. Â§ 1-26-512 (LexisNexis 2011), inve... More...

$0 (01-09-2013 - WY)

Burlington Northern Santa Fe Railway Company v. Gallatin Fuels, Inc., etc.

Appellants, referred to collectively hereafter as "Gallatin,â€ 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)

Mark and Laura Voss v. Beverly B. Goodman

[¶1] Appellants, Mark and Laura Voss, request relief from a district court decision in a declaratory judgment action finding that the Albany County Board of County Commissioners (Board) did not have authority to grant Appellants temporary access across Appellee"s, Beverly Goodman"s, land during a private road condemnation case. ISSUES [¶2] 1. Did the district court have jurisdi... More...

$0 (03-18-2009 - WY)

Mary's Bake Shoppe, et al. v. City of Cheyenne, Wyoming

[¶1] Mary Coonts owned and operated a business known as Mary's Bake Shoppe. She also owned the building housing her business. In 2004, the building was severely damaged by fire. The City of Cheyenne determined the fire-damaged building posed a hazard to people's health and safety and notified Coonts that it was condemning the building. Shortly after Coonts received the first notice of condemnatio... More...

$0 (10-06-2008 - WY)

<a href="http://www.utcourts.gov/opinions/supopin/Ivers020607.pdf" target="_new">James Ivers; Katherine G. Havas; and P and F Food Services, v. Utah Department of Transportation</a>

1 The Utah Department of Transportation ("UDOT") condemned a portion of private property for the construction of a frontage road adjacent to U.S. Highway 89 in Farmington, Utah. The construction of the frontage road was part of a larger project to widen and elevate Highway 89. Petitioners James Ivers, Katherine G. Havas, and P & F Food Services (collectively, "Arby's") sought severance ... More...

$0 (03-09-2007 - 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>

[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/2003opn/2003WY75.pdf" target="_new">Raymond M. Hulse and Kristina Hulse v. BHJ, Inc.</a>

On August 10, 1998, the Hulses filed their complaint surrounding their purchase of a piece of real property. The Hulses alleged breach of contract, negligence, fraud, and bad faith against First American Title Company of Crook County (First American) and negligence and fraud against BHJ, the real estate broker of the selling party. The basis of the complaint stemmed from allegations that th... More...

$0 (06-23-2003 - 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>

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://courts.state.wy.us/2002opn/2002WY104.pdf" target="_new">Wyoming Resources Corporation v. T-Chair Land Company</a>

[1] Appellant Wyoming Resources Corporation (WRC) and Appellee T-Chair Land Company (T-Chair) entered into contractual agreements providing WRC access to oil and coalbed methane production wells by roads on T-Chair's ranch property. A dispute arose after T-Chair contended that improperly controlled water produced from WRC's coalbed methane production wells was damaging the surface of its ranch... More...

$0 (07-10-2002 - WY)

<a href="http://courts.state.wy.us/2002opn/2002WY43.pdf" target="_new">Steven Matthew Bevan, et al. v. William R. Fix</a>

[1] Appellant minors, Brittany Bevan and Steven Tyler Bevan (Brittany and Steven) appeal, through their father and next friend Steven Matthew Bevan (Bevan), from the district court’s grant of summary judgment in favor of appellee William R. Fix (Fix) on their claims of intentional infliction of emotional distress. Having determined that the record reve als genuine issues of material fact... More...

$0 (03-21-2002 - WY)