Goodman v. Voss
2011 WY 33
| Wyo. | 2011Background
- Related private-road cases chain before Wyoming Supreme Court; Albany County Board located a private road under Wyo. Stat. § 24-9-101 after viewing multiple routes.
- Vosses sought to condemn a private road across Stevens and then Goodman property; Goodman and Stevens contested route and damages.
- Initial remand (Voss I) held BLM thirty-year right-of-way not legally enforceable access and allowed consideration of alternative routes.
- Here, Board selected the Goodman Road route, extending easement across Goodman property to aid Vosses, and required cattle guard instead of gate.
- Goodman challenged Board’s location, damages, cattle-guard ruling, and whether costs should be awarded; petition for review timely timely but barred on res judicata/collateral-estoppel/law-of-the-case grounds.
- Remand instructed Board to issue a new order consistent with the decision and recompute damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of Goodman’s petition for review | Goodman timely filed within 30 days of service | Vosses argued petition untimely; order not final | Timely; service date controls despite hand-delivery on Dec 15 |
| Res judicata/collateral estoppel bar on Goodman's relitigation | Goodman not party to prior merits on landlocked issue | Issues decided against Goodman must be barred | Barred under collateral estoppel and law of the case; landlocked and good faith issues precluded |
| Board erred by focusing on damage to Goodman rather than Vosses’ land | Least-damage requirement applies to respondent’s land; Goodman road extension excessive | Balance of damages permissible to determine reasonable route | Reversed to remand for route at viewers’ recommended location; reduce Goodman damages |
| Board erred in allowing cattle guard rather than gate | Cattle guards may be allowed; factual basis supported | Allowed under statute; gates previously caused conflict | Upheld; fact-based determination supported cattle guard |
| Award of costs under W.R.C.P. 68 | Vosses offered settlement but obtained less than offer; costs should follow | Costs not necessarily awarded; depends on result | Board’s denial affirmed; substantial evidence supports result |
Key Cases Cited
- Dale v. S & S Builders, LLC, 2008 WY 84 (Wyo. 2008) (standard for reviewing agency action; substantial evidence test)
- Wyoming Dept. of Revenue v. Exxon Mobil Corp., 2007 WY 112 (Wyo. 2007) (res judicata/collateral estoppel explained; four-factor tests)
- Eklund v. PRI Environmental, Inc., 2001 WY 55 (Wyo. 2001) (distinguishes res judicata vs collateral estoppel; law-of-case discussed)
- Polo Ranch Co. v. City of Cheyenne, 2003 WY 15 (Wyo. 2003) (defines collateral estoppel application in Wyoming)
- Reidy v. Stratton Sheep Co., 2006 WY 69 (Wyo. 2006) (public road status; issues of access in private-road actions)
- Ferguson Ranch, Inc. v. Murray, 811 P.2d 287 (Wyo. 1991) (private road statute permits reasonable access; constitutional safeguards)
- Wagstaff v. Sublette County Bd. of County Comm'rs, 2002 WY 123 (Wyo. 2002) (statutory private road framework; purpose to provide access)
- Mayland v. Flitner, 2001 WY 69 (Wyo. 2001) (good faith and route consideration in private-road actions)
- Miller v. Bradley, 4 P.3d 882 (Wy. 2000) (considerations in access and implied easements)
- Snell v. Ruppert, 541 P.2d 1042 (Wy. 1975) (constitutional limits on private road condemnations)
- Reaves v. Riley, 782 P.2d 1136 (Wy. 1989) (early private-road access discussions)