BJ Hough, LLC v. City of Cheyenne
287 P.3d 761
Wyo.2012Background
- Swan Ranch, LLC petitioned for annexation of ~150 acres to the City of Cheyenne in 2009; the land was undeveloped and served by no City sewer or water.
- City Ordinance No. 3840 annexed Swan Ranch after public hearings and planning director findings.
- Neighbors (Appellants) filed an Appeal under § 15-1-409 and a declaratory judgment action challenging the annexation's validity.
- The district court granted partial summary judgment on two claims and later held a three-day bench trial on the remaining claim, ruling in the City's favor on the annexation's statutory compliance.
- Appellants challenged whether the City complied with § 15-1-402(a) criteria (health/safety, urban development, logical/feasible extension of services) and contiguity; appellants lacked standing as non-landowners.
- Wyoming courts held that declaratory judgments are proper to challenge the validity of annexation ordinances and that appellants must show error in validity, not merits; contiguity interpretation was central to the decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court properly found the annexation valid | Appellants contend the ordinance failed statutory criteria and contiguity | City satisfied § 15-1-402(a) requirements and contiguity standards | Yes; annexation upheld as valid |
Key Cases Cited
- Piroschak v. Whelan, 106 P.3d 887 (Wyoming 2005) (clearly delineates bench-trial review standards)
- Coz v. City of Cheyenne, 79 P.3d 500 (Wyoming 2003) (standing and review under § 15-1-409; declaratory judgment context)
- Bd. of County Comm'rs v. City of Cheyenne, 85 P.3d 999 (Wyoming 2004) (contiguity interpretation and statutory context for annexation review)
- In re West Laramie, 457 P.2d 498 (Wyoming 1969) (contiguity/adjacency principle in annexation)
