Mathewson v. City of Cheyenne

2003 WY 10, 61 P.3d 1229, 2003 Wyo. LEXIS 10, 2003 WL 151857
CourtWyoming Supreme Court
DecidedJanuary 23, 2003
Docket02-187
StatusPublished
Cited by3 cases

This text of 2003 WY 10 (Mathewson v. City of 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
Mathewson v. City of Cheyenne, 2003 WY 10, 61 P.3d 1229, 2003 Wyo. LEXIS 10, 2003 WL 151857 (Wyo. 2003).

Opinion

61 P.3d 1229 (2003)
2003 WY 10

James D. MATHEWSON, Appellant (Plaintiff),
v.
CITY OF CHEYENNE, Wyoming, Appellee (Defendant).

No. 02-187.

Supreme Court of Wyoming.

January 23, 2003.

*1230 James D. Mathewson, Cheyenne, Wyoming, pro se, Representing Appellant.

Michael D. Basom, City Attorney; Mary B. Guthrie, Assistant City Attorney; and Bill Hibbler, Special Assistant City Attorney, Cheyenne, Wyoming, Representing Appellee.

Before HILL, C.J., and GOLDEN, LEHMAN, KITE, and VOIGT, JJ.

*1231 KITE, Justice.

[¶ 1] James D. Mathewson, a citizen of the City of Cheyenne, objected to the City's authorization of the sale of bonds to finance construction of a parking facility by resolution instead of by ordinance. The district court granted summary judgment to the City finding the statutes allowed the use of a resolution. We affirm.

ISSUE

[¶ 2] The issue we must decide in this case is whether the district court properly granted summary judgment in favor of the City.

FACTS

[¶ 3] On May 13, 2002, the Cheyenne City Council passed Resolution No. 4307 authorizing the sale and issuance of Refunding and Improvement Revenue Bonds in the amount of $9,575,000, the proceeds from which were to be used to construct an off-street parking facility in downtown Cheyenne. As authority for the bond issue, the resolution cited Wyo. Stat. Ann. § 15-1-801(b)(iii) (LexisNexis 2001), which provides that the procedure for issuing revenue or refunding revenue bonds is the same as prescribed by Wyo. Stat. Ann. §§ 35-2-424 through 35-2-436 (LexisNexis 2001). Those statutes provide the procedures for issuance of revenue bonds by hospital districts and allow such bonds to be authorized by resolution. The bonds were to be paid with the proceeds from the use of the parking facility. As additional security for the payment of the bonds, the City pledged its share of certain federal mineral royalties which it was entitled to receive. However, those royalties were also pledged to the repayment of revenue bonds issued by the City eight years earlier to finance the construction of the George S. Cox parking facility. In 1994, when the City issued those revenue bonds, it did so by ordinance instead of by resolution. Some of the 1994 revenue bonds remained outstanding, and, therefore, a portion of the proceeds from the sale of the 2002 revenue bonds was to go toward payment or refunding of those bonds, thereby enabling the City to provide the 2002 bond purchasers with a first lien on its federal mineral royalties. The closing for the City's bonds was scheduled for May 28, 2002. However, the filing of this action on May 24, 2002, prevented the sale from occurring.

STANDARD OF REVIEW

[¶ 4] We review summary judgments according to the following standards:

Summary judgment is appropriate when no genuine issue as to any material fact exists and the prevailing party is entitled to have a judgment as a matter of law. A genuine issue of material fact exists when a disputed fact, if it were proven, would have the effect of establishing or refuting an essential element of the cause of action or defense which the parties have asserted. We examine the record from the vantage point most favorable to the party who opposed the motion, and we give that party the benefit of all the favorable inferences which may fairly be drawn from the record. We evaluate the propriety of a summary judgment by employing the same standards and by using the same materials as were employed and used by the lower court. We do not accord any deference to the district court's decision on issues of law.

Andersen v. Two Dot Ranch, Inc., 2002 WY 105, ¶ 10, 49 P.3d 1011, ¶ 10 (Wyo.2002) (citations omitted).

DISCUSSION

[¶ 5] Mr. Mathewson objects to the City's use of a resolution instead of an ordinance to authorize the parking facility revenue bonds because citizens who opposed such a resolution did not have the right to petition for an initiative pursuant to which they could have elected to reverse the City's action—a right they would have had if the action had been pursuant to an ordinance. See Wyo. Stat. Ann. § 22-23-1005 (LexisNexis 2001). He bases his objection to the City's use of a resolution rather than an ordinance on an interpretation of the statutes governing the issuance of those bonds. He concedes these revenue bonds were not subject to the mandatory election requirement established by Article 16, Section 4 of the Wyoming Constitution *1232 because they were payable solely from a special fund and not from taxes. Frank v. City of Cody, 572 P.2d 1106 (Wyo.1977); Snyder v. City of Cheyenne, 79 Wyo. 405, 334 P.2d 750 (1959).

[¶ 6] To determine what the statutes require with regard to the issuance of revenue bonds, we must follow our well established rules of statutory construction.

We attempt to interpret statutes in accordance with the legislature's intent. We begin by making an "`inquiry respecting the ordinary and obvious meaning of the words employed according to their arrangement and connection.'" Parker Land and Cattle Company v. Wyoming Game and Fish Commission, 845 P.2d 1040, 1042 (Wyo.1993) (quoting Rasmussen v. Baker, 7 Wyo. 117, 133, 50 P. 819, 823 (1897)). We construe statutes as a whole, giving effect to every word, clause, and sentence, and we construe together all parts of the statutes on the same subject. We give effect to the plain language of unambiguous statutes. We resort to extrinsic aids of statutory interpretation, such as legislative history or intent, only when statutes are ambiguous.

Dike v. State, 990 P.2d 1012, 1018 (Wyo.1999) (some citations omitted); see also Orona-Rangal v. State, 2002 WY 134, ¶ 18, 53 P.3d 1080, ¶ 18 (Wyo.2002). Fundamental to this effort is our duty to give effect to the plain meaning of the language of the statute.

[¶ 7] Without question, § 15-1-801 authorizes the City to issue revenue bonds for parking facilities by following the procedures set forth in §§ 35-2-424 through 35-2-436, which plainly state bonds shall be authorized "by resolution." The district court properly found this statute is not ambiguous. No credible argument can be made that the term "resolution" is vague or ambiguous. Black's Law Dictionary defines resolution as "[a] formal expression of an opinion, intention, or decision by an official body or assembly (esp. a legislature)." Black's Law Dictionary 1313 (7th ed.1999). The Collegiate Dictionary defines it as "a formal expression of opinion, will, or intent voted by an official body or assembled group." Merriam-Webster's Collegiate Dictionary 997 (10th ed.1999). This court has considered the meaning of the term "resolution" as

"simply an expression of opinion or mind or policy concerning some particular item of business coming within the legislative body's official cognizance, ordinarily ministerial in character and relating to the administrative business of the municipality." 5 Eugene McQuillan, Municipal Corporations, Nature and Operation of Ordinances § 15.02 p. 59 (3rd Ed.1996).

Cooper v. Town of Pinedale, 1 P.3d 1197

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