Walker v. BOARD OF CTY. COM'RS, ALBANY CTY.

644 P.2d 772
CourtWyoming Supreme Court
DecidedMay 5, 1982
Docket5612
StatusPublished
Cited by16 cases

This text of 644 P.2d 772 (Walker v. BOARD OF CTY. COM'RS, ALBANY CTY.) 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
Walker v. BOARD OF CTY. COM'RS, ALBANY CTY., 644 P.2d 772 (Wyo. 1982).

Opinion

644 P.2d 772 (1982)

Joel WALKER and Valerie Walker, Appellants (Plaintiffs),
v.
BOARD OF COUNTY COMMISSIONERS, ALBANY COUNTY, Wyoming, Appellee (Defendant),
Carl A. Gustafson and Patricia A. Gustafson, d/b/a Centennial Valley Trading Post, Appellees (Intervenors).

No. 5612.

Supreme Court of Wyoming.

May 5, 1982.

*773 John E. Stanfield, of Smith, Stanfield & Scott, Laramie, for appellants.

George L. Zimmers, Albany County and Pros. Atty., Laramie, for appellee Board of County Commissioners.

Jay Dee Schaefer, Laramie, for appellees Gustafson.

Before ROSE, C.J., and RAPER, THOMAS, ROONEY and BROWN, JJ.

ROONEY, Justice.

Appellants (hereinafter referred to as Walkers) petitioned the district court to review administrative actions of appellee, Board of County Commissioners of Albany County (hereinafter referred to as Board), whereby (1) Walkers were denied a retail liquor license, (2) appellees Gustafson (hereinafter referred to as Gustafsons) were granted a retail liquor license, and (3) Gustafsons were granted a dance hall license.

We affirm.

Walkers and Gustafsons operated competing businesses[1] in Centennial, an unincorporated community in Albany County. Both applied for retail liquor licenses which became available by virtue of increased population in Albany County. On August 5, 1980, the Board held a public hearing with reference to the issuance of the new retail liquor licenses. Although inquiry was specifically made at the hearing for protests to the issuance of retail liquor licenses to Walkers and to Gustafsons, there were no protests to the issuance of such licenses to either of them. The Board decided to issue only one license in Centennial, and it was issued to Gustafsons. Walkers' application was denied. Walkers petitioned the district court to review both actions.

Gustafsons had also applied for a dance hall license. After a hearing on the application, the dance hall license was issued to them on July 16, 1980. Walkers also petitioned the district court to review this action. However, when the dance hall license came before the Board for renewal on July 7, 1981, it was not renewed.

The district court concluded that the requirements of the Wyoming Administrative Procedure Act were not applicable to the issuance of retail liquor licenses and that the issue relative to the dance hall license was moot.

DANCE HALL LICENSE

A cause will not be considered when a judgment rendered cannot be carried into effect. Belondon v. State, Wyo., 379 P.2d 828, 829 (1963).

"* * * Appellate courts, including trial courts in an appellate role, will not render decisions which cannot be carried into effect. Courts will not consume their time deciding moot cases; no controversy will exist and courts will not decide cases to arise in the future. State v. Jones, 1945, 61 Wyo. 350, 157 P.2d 993. * * *" *774 Northern Utilities, Inc. v. Public Service Commission, Wyo., 617 P.2d 1079, 1085 (1980).

Walkers would have us consider the propriety of the issuance of the dance hall license to Gustafsons, although it has since been cancelled, as a question of great public interest, and because the license can be reissued. Suffice it to say that we do not consider the issue to be of the magnitude of one of great public interest. The situation as it now exists would remain unchanged by any determination now made by us. The issue is moot. The district court was correct in so finding.

DENIAL OF WALKERS' APPLICATION

Section 12-4-104(e), W.S. 1977, provides:

"(e) An applicant for a renewal license or permit may appeal to the district court from an adverse decision by the licensing authority. No applicant for a new license shall have a right of appeal from the decision of the licensing authority denying an application." (Emphasis added.)

The right to judicial review of administrative actions is entirely statutory.

"`Each statute must be carefully examined to discover the legislature's intent to restrict judicial review of administrative action. (Heikkila v. Barber (1953), 345 U.S. 229, 73 S.Ct. 603, 97 L.Ed. 972.) While it is often said that barring constitutional impediments the legislature can preclude judicial review (See Mount St. Mary's Hosp. v. Catherwood (1970), 26 N.Y.2d 493, 511, 518-519, 311 N.Y.S.2d 863, 260 N.E.2d 508 (Fuld, C.J., Concurring)), such intent must be made specifically manifest, and persuasive reason must exist to believe such was the legislative purpose. (Abbott Laboratories v. Gardner (1967), 387 U.S. 136, 87 S.Ct. 1507, 18 L.Ed.2d 681.) Only upon a showing of clear and convincing evidence of contrary legislative intent should the courts restrict access to judicial review. Rusk v. Cort (1962), 369 U.S. 367, 82 S.Ct. 787, 7 L.Ed.2d 809.'" U.S. Steel Corporation v. Wyoming Environmental Quality Council, Wyo., 575 P.2d 749, 750 (1978), quoting from Klein v. Fair Employment Practices Commission, 31 Ill. App.3d 473, 334 N.E.2d 370, 374 (1975).

Section 9-4-114(a), W.S. 1977, (part of the Wyoming Administrative Procedure Act) provides:

"(a) Subject to the requirement that administrative remedies be exhausted and in the absence of any statutory or common-law provision precluding or limiting judicial review, any person aggrieved or adversely affected in fact by a final decision of an agency in a contested case, or by other agency action or inaction, or any person affected in fact by a rule adopted by an agency, is entitled to judicial review * * *." (Emphasis added.)

Inasmuch as the right to judicial review of the denial of their application for a liquor license was specifically and positively forbidden by the statute, Walkers cannot here contest such denial.

GRANT OF RETAIL LIQUOR LICENSE TO GUSTAFSONS

Walkers contend that they are entitled to a judicial review of the propriety of the issuance of the retail liquor license to Gustafsons, and that the Board erred in failing to apply the requirements of the Administrative Procedure Act to the hearing on Gustafsons' application whereby the issues on the merits of the matter could be properly formulated for appeal.

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