City of Cheyenne v. Board of Commissioners
290 P.3d 1057
Wyo.2012Background
- Roundup Heights is a Wyoming subdivision in Laramie County within one mile of Cheyenne’s city limits.
- City argued partial vacation of the plat requires joint City/County approval due to proximity to the City.
- County granted the partial vacation without City approval; City sued for declaratory judgment.
- Statutory framework centers on Title 34, Chapter 12 and related vacation provisions (34-12-102, 34-12-1038, 84-12-106, 34-12-108, 34-12-110).
- District court granted summary judgment for the County; City appeals seeking joint approval requirement for partial vacations near a city boundary.
- Court affirms the district court’s ruling that no joint City/County approval is required for the partial vacation when the land is within the County but within one mile of the City limits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Title 34-12 require joint City/County approval for a partial vacation within 1 mile of the City? | City argues Section 34-12-108, read with Section 34-12-103, requires joint approval for partial vacations near the City. | County contends Section 34-12-108 applies only to original plats and that Section 34-12-106 does not mandate joint approval for partial vacations; the language is unambiguous. | No; statutes unambiguously do not require joint approval for partial vacations within the County but near the City. |
Key Cases Cited
- BP America Prod. Co. v. Department of Revenue, 130 P.3d 438 (Wy. 2006) (statutory interpretation framework; ambiguity analysis and plain language)
- Mountain Cement Co. v. Laramie Water & Sewer Dist., 255 P.3d 881 (Wy. 2011) (unambiguous statutory interpretation; plain meaning governs)
- Kuntz v. Kinne, 395 P.2d 286 (Wyo.1964) (in pari materia and harmonious construction of related statutes)
- Carnahan v. Lewis, 273 P.3d 1065 (Wy.2012) (partial vacation via affidavit; statutory context for vacation instruments)
- Ward v. Board of Comm'rs of Johnson County, 256 P.1039 (Wy.1927) (use of statute title in interpretive aid)
- Hede v. Gilstrap, 107 P.3d 158 (Wy.2005) (statutory harmony and purposive construction)