L Slash X Cattle Co. v. Texaco, Inc.

623 P.2d 764, 1981 Wyo. LEXIS 288
CourtWyoming Supreme Court
DecidedFebruary 4, 1981
DocketNo. 5329
StatusPublished
Cited by17 cases

This text of 623 P.2d 764 (L Slash X Cattle Co. v. Texaco, Inc.) 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
L Slash X Cattle Co. v. Texaco, Inc., 623 P.2d 764, 1981 Wyo. LEXIS 288 (Wyo. 1981).

Opinions

ROONEY, Justice.

Appellants appeal from an order of the district court granting a motion of appellee Texaco, Inc. (hereinafter referred to as Texaco) to dismiss appellants’ petition to review an order of the Board of Control. The motion was predicated upon a lack of standing on the part of appellants to continue the review procedure.

We affirm.

The order of the Board of Control denied, on its merits, appellants’ request1 to declare abandoned for nonuse two of Texaco’s adjudicated water rights for diversion, storage and use of water in Lake DeSmet Reservoir. The two rights were senior in priority to rights appurtenant to appellants’ ranch property near Leiter.

The hearing on appellants’ request was held on October 23 and 25, 1978. For reasons not pertinent to this appeal, final consideration of the matter by the Board of Control was not had until November 30, 1979. In the interim, appellants sold the property to Mr. and Mrs. Elgin Miller. The Board of Control was aware of the sale; but it determined the matter on its merits, considering the ownership as of the time of the hearing. On January 29, 1980, the Board of Control denied appellants’ request for a declaration of abandonment.

Previous to purchasing appellants’ property, the Millers had agreed with Texaco’s predecessor in interest not to challenge water rights held by it. The Millers refused to join appellants in their petition to the district court for review. Appellants’ deed to the Millers contained a provision purporting to reserve appellants’ right to continue the administrative proceeding before the Board of Control. Appellants took a second mortgage on the property from the Millers to secure payment of part of the consideration for the sale.

The issue before us is whether or not the district court erred in its determination that appellants lacked standing to seek review of the order of the Board of Control.2 We emphasize that such is the only issue before us, and we note the distinction between appellants’ standing in the district court and their standing in this court. Lack of the former warrants a dismissal of their action and prevents consideration of their contentions on the merits thereof. Standing exists in this court for them to contest the determination of standing itself in the district court. There is a right to appellate determination of the ruling of the district court on questions such as standing, jurisdiction, real party in interest, etc. Finding a correct ruling on the issue in the district [767]*767court, we affirm rather than dismiss the appeal. See 5 Am.Jur.2d Appeal and Error § 905, et seq.

“Standing to sue” is a right to relief and goes to the existence of a personal claim for relief. It includes a legal disability, such as insanity or infancy, but it is more. It involves a sufficient stake in an otherwise justiciable controversy to obtain judicial resolution of that controversy. It is closely related to the doctrine of mootness. It requires sufficient personal interest in the outcome of litigation by way of injury or potential injury to warrant consideration by the court. Sierra Club v. Morton, 405 U.S. 727, 92 S.Ct. 1361, 31 L.Ed.2d 636 (1972); Oakland Municipal Improvement League v. City of Oakland, 23 Cal.App.3d 165, 100 Cal.Rptr. 29 (1972); General Development Corporation v. Kirk, Fla.App., 251 So.2d 284 (1971); Guidry v. Roberts, La.App., 331 So.2d 44 (1976); Mobley v. Acme Markets, Inc., D.C.Md., 473 F.Supp. 851 (1979). Since it goes to the existence of a claim for relief and is jurisdictional in nature, it can be raised at any point in the procedure. Parker v. Bowron, 40 Cal.2d 344, 254 P.2d 6 (1953).

Appellants contend that they had standing to proceed in district court inasmuch as: (1) the fact of the sale of property was not before the Board of Control and could not be noticed by the district court through reference in a motion to dismiss; (2) Rule 25(c), W.R.C.P. confers the necessary standing; and (3) their position as mortgagees gives them the necessary standing.

FAILURE OF BOARD TO CONSIDER STANDING

The thrust of the first of appellants’ arguments is that under Rules 12.08 3 and 12.09, W.R.A.P.,4 a reviewing court is required to base its decision on the same record which was before the Board.5 Therefore, they contend, it was improper for the trial court to consider the effect of appellants’ transfer of title. However, we have often held that a jurisdictional question may be considered at any time.

“* * * The first and fundamental question on every appeal is that of jurisdiction; this question cannot be waived; it is open for consideration by the reviewing court whenever it is raised by any party, or it may be raised by the court of its own motion. [Citation.]” Gardner v. Walker, Wyo., 373 P.2d 598, 599 (1962); and see Merritt v. Merritt, Wyo., 586 P.2d 550 (1978); Oedekoven v. Oedekoven, Wyo., 538 P.2d 1292 (1975); Joly v. Safeway Stores, Inc., Wyo., 502 P.2d 362 (1972).

The fact that the sale had been made was admitted by the appellants and thus a jurisdictional issue was unquestionably before the district court. Inasmuch as the statutory foundation for appeals from administrative action requires that the petitioner who asks for review must be “aggrieved or adversely affected in fact” (§ 9-4-114, W.S. 1977), the district court was justified in addressing the jurisdictional question [768]*768presented by the motion to dismiss. Furthermore, appellants cannot claim lack of notice or surprise in the consideration of the jurisdiction issue by the district court. They presented argument and authority for their positions relative thereto at the hearing held on the motion to dismiss.

STANDING CONFERRED BY RULE 25(c), W.R.C.P.

Appellants point to Rule 25(c), W.R. C.P. as authority for them to have standing to continue the appeal to the district court after they sold the property. Rule 25(c) provides:

“(c) Transfer of interest. — In case of any transfer of interest, the action may be continued by or against the original party, unless the court upon motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. Service of the motion shall be made as provided in subdivision (a) of this rule.”

Appellants note that the Regulations and Instructions, State Engineer’s Office, Part IV, Board of Control, § 18, page 57 provides in pertinent part:

“Proceedings before a Hearing Officer shall be conducted in accordance with the rules of practice and procedure contained in the Rules of Civil Procedure * *

However, the appellate procedure provisions of the Rules of Civil Procedure were replaced by the later adopted Rules of Appellate Procedure. Rule 27, W.R.A.P. provides in pertinent part:

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623 P.2d 764, 1981 Wyo. LEXIS 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/l-slash-x-cattle-co-v-texaco-inc-wyo-1981.