413 P.3d 1120
Wyo.2018Background
- Mackay Investments owned two Teton County campgrounds subject to stay limits (≤29 days/60 days at JH Fireside; <30 days/90 days at Buffalo Valley) under a settlement and a conditional use permit.
- In 2015–2016 Mackay conveyed undivided tenancy-in-common interests so each campground is owned by 22 entities, with tenancy-in-common agreements allocating campsite access and preserving the existing occupancy limits.
- Teton County Land Development Regulation §6.1.5.D.2.f prohibits fractional ownership, timeshares, or membership of campsites; the County issued a Notice of Violation asserting tenant-in-common ownership violated that rule.
- Mackay sought declaratory relief that the fractional-ownership prohibition exceeded the County’s zoning authority; the parties agreed there were no material factual disputes and cross-moved on summary judgment.
- The district court granted summary judgment for Mackay; the County appealed. The Supreme Court affirmed, holding the regulation governs ownership not land use and thus exceeded zoning authority.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the county regulation banning fractional ownership of campsites exceed county zoning authority? | Mackay: regulation targets ownership, not use, and is therefore beyond county zoning power. | County: prohibition is tied to campground use — it promotes campsite turnover and ensures availability for visitors, so it regulates use. | Court: Regulation controls ownership rather than use; it does not change occupancy limits or turnover and is therefore beyond zoning authority and unenforceable. |
Key Cases Cited
- Ford v. Board of County Comm'rs, 924 P.2d 91 (Wyo. 1996) (defines zoning as regulating land use and physical development)
- Fugle v. Sublette Cty. Sch. Dist. #9, 353 P.3d 732 (Wyo. 2015) (summary judgment reviewed de novo)
- Seherr-Thoss v. Teton County Bd. of County Comm'rs, 329 P.3d 936 (Wyo. 2014) (counties exercise only state-delegated powers)
- Ahearn v. Town of Wheatland, 39 P.3d 409 (Wyo. 2002) (same principle regarding delegation of authority to local governments)
- FGL & L Prop. Corp. v. City of Rye, 486 N.Y.S.2d 333 (App. Div. 1985) (zoning regulates land use, not ownership)