BD. OF CTY. COM'RS OF LARAMIE v. Cheyenne

2004 WY 16, 85 P.3d 999
CourtWyoming Supreme Court
DecidedMarch 3, 2004
Docket03-50 to 03-56
StatusPublished
Cited by2 cases

This text of 2004 WY 16 (BD. OF CTY. COM'RS OF LARAMIE v. Cheyenne) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
BD. OF CTY. COM'RS OF LARAMIE v. Cheyenne, 2004 WY 16, 85 P.3d 999 (Wyo. 2004).

Opinion

85 P.3d 999 (2004)
2004 WY 16

The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF LARAMIE, Appellant (Intervenor/Plaintiff),
v.
The CITY OF CHEYENNE, A Wyoming Municipal Corporation; East Whitney Limited Partnership, a Wyoming Limited Partnership; and West Whitney Limited Partnership, a Wyoming Limited Partnership, Appellees (Defendants).
Jean Cotton; Kathryne Cotton and Ruth Cotton, individually and as owners of Cotton Holdings, LLC, a Wyoming Limited Liability Company, Appellants (Plaintiffs),
v.
The City of Cheyenne, A Wyoming Municipal Corporation; East Whitney Limited Partnership, A Wyoming Limited Partnership; and West Whitney Limited Partnership, a Wyoming Limited Partnership, Appellees (Defendants).
The City of Cheyenne, A Wyoming Municipal Corporation, Appellant (Defendant),
v.
The Board of County Commissioners of the County of Laramie, Appellee (Intervenor/Plaintiff).
The Board of County Commissioners of the County of Laramie, Appellant (Intervenor/Plaintiff),
v.
The City of Cheyenne, A Wyoming Municipal Corporation, Appellee (Defendant).
The City of Cheyenne, A Wyoming Municipal Corporation, Appellant (Defendant),
v.
The Board of County Commissioners of the County of Laramie, Appellee (Intervenor/Plaintiff).
Jean Cotton; Kathryne Cotton and Ruth Cotton, individually and as owners of Cotton Holdings, LLC, a Wyoming Limited Liability Company, Appellants (Plaintiffs),
v.
The City of Cheyenne, A Wyoming Municipal Corporation, Appellee (Defendants).
The City of Cheyenne, A Wyoming Municipal Corporation, Appellant (Defendant),
v.
Jean Cotton; Kathryne Cotton and Ruth Cotton, individually and as owners of Cotton Holdings, LLC, a Wyoming Limited Liability Company, Appellees (Plaintiffs).

Nos. 03-50 to 03-56.

Supreme Court of Wyoming.

March 3, 2004.

*1001 Representing Board of County Commissioners of the County of Laramie: Peter H. Froelicher, Laramie County Attorney, Cheyenne, Wyoming.

Representing City of Cheyenne: W. Perry Dray and Nicholas G.J. Healey of Dray, Thomson & Dyekman, P.C., Cheyenne, Wyoming.

Representing Jean Cotton; Kathryne Cotton, Ruth Cotton and Cotton Holdings, LLC: John M. Walker of Hickey, Mackey, Evans & Walker, Cheyenne, Wyoming.

Representing East Whitney Limited Partnership and West Whitney Limited Partnership: Raymond W. Martin of Sundahl, Powers, Kapp & Martin, Cheyenne, Wyoming.

Before HILL, C.J., and LEHMAN, KITE, and VOIGT, JJ., and JAMES, D.J.

VOIGT, Justice.

[¶ 1] These combined appeals concern an annexation ordinance of the City of Cheyenne. The district court determined that both Laramie County and certain private parties had standing to challenge the ordinance, but found in favor of the City of Cheyenne as to the annexation, itself. We affirm in part, reverse in part, and remand.

NATURE OF THE CASE

[¶ 2] East Whitney Limited Partnership and West Whitney Limited Partnership (the Whitney partnerships) petitioned the City of Cheyenne (the City) to annex property owned by them known as the Saddle Ridge Subdivision (Saddle Ridge). After conducting public hearings, the City passed an annexation ordinance. Prior to third reading of the ordinance, however, Jean Cotton, Kathryne Cotton and Ruth Cotton, individually and as members of Cotton Holdings, LLC (the Cottons), filed a declaratory judgment action in the district court seeking a declaration that the ordinance was void because Saddle Ridge was separated from the City's nearest boundary by approximately one-quarter of a mile and was not, therefore, eligible for annexation.[1] By stipulation of the parties, the Board of County Commissioners of Laramie County (the County) was allowed to intervene in the action as a plaintiff.

[¶ 3] After the annexation ordinance was adopted, both the Cottons and the County filed appeals in the district court pursuant to Wyo. Stat. Ann. § 15-1-409 (LexisNexis 2003) in which they contended that the City had abused its discretion, acted arbitrarily and capriciously, and acted not in accordance with law in finding Saddle Ridge eligible for annexation.[2] Eventually, all parties sought *1002 summary judgment in all three cases (the single declaratory judgment action and the two statutory appeals).[3]

[¶ 4] The district court declined to consolidate the three cases, but did join them for hearing purposes. By a single order entered on February 6, 2003, the district court denied summary judgment to the County and to the Cottons, and granted summary judgment to the City, finding, however, that both the County and the Cottons did have standing to challenge the annexation ordinance in both the declaratory judgment action and in the statutory appeals.

[¶ 5] These three district court cases have resulted in seven docketed appeals in this Court. The County separately appealed in both the declaratory judgment action and the statutory appeal, as did the Cottons. The City cross-appealed the standing issue in all three cases. The two appeals in which the County was appellant were consolidated, as were the two appeals in which the Cottons were appellant. All seven appeals were joined for oral argument and all will be addressed in this opinion.

ISSUES

[¶ 6] We will summarize and restate the various issues presented by the parties as follows:

1. Did the Cottons and the County have standing to challenge the City's annexation of Saddle Ridge?

2. Was Saddle Ridge "contiguous with or adjacent to" the City and, therefore, eligible for annexation pursuant to Wyo. Stat. Ann. § 15-1-402(a)(iv) (LexisNexis 2001)?[4]

STANDARD OF REVIEW

[¶ 7] Summary judgment motions are governed generally by W.R.C.P. 56, and specifically by the following language found in subsection (c) of the rule:

The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.

W.R.C.P. 56(a) and (b) provide that summary judgment may be appropriate for either the plaintiff or the defendant in a declaratory judgment action. A summary judgment entered in a declaratory judgment action is subject to our usual standard for review of summary judgments. Wyoming Community College Com'n v. Casper Community College Dist., 2001 WY 86, ¶ 11, 31 P.3d 1242, 1247 (Wyo.2001); Fontaine v. Board of County Com'rs of Park County, 4 P.3d 890, 892 (Wyo.2000).

[¶ 8] "This Court reviews a summary judgment in the same light as the district court, using the same materials and following the same standards." Markstein v. Countryside I, L.L.C., 2003 WY 122, ¶ 11, 77 P.3d 389, 393 (Wyo.2003). Where, as here, there are no contentions that genuine issues of material fact exist, our concern is strictly with application of the law. Wyoming Community College Com'n, 2001 WY 86, ¶ 11, 31 P.3d at 1247. We accord no deference to the district court's conclusions on questions of law. Yeager v. Forbes, 2003 WY 134, ¶ 12, 78 P.3d 241, 246 (Wyo.2003).

"An issue of statutory interpretation presents a question of law. Butts v. Wyoming State Bd. of Architects, 911 P.2d *1003 1062, 1065 (Wyo.1996); Parker Land & Cattle Co. v. Wyo. Game and Fish Comm'n, 845 P.2d 1040, 1042 (Wyo.1993).

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Bluebook (online)
2004 WY 16, 85 P.3d 999, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bd-of-cty-comrs-of-laramie-v-cheyenne-wyo-2004.