2014 WY 162
Wyo.2014Background
- Ted N. Price, as trustee, applied in 2011 for a private road under Wyo. Stat. § 24-9-101, claiming no outlet to a public road; he had filed a prior application in 2003 that was denied.
- Opponents (landowners and county) asserted Price already had access via County Road 58 and via a State-granted easement from Highway 14.
- Crook County appointed the county attorney as Hearing Officer; evidentiary hearings occurred July 5 and August 3, 2011; deliberations in September were partly unrecorded due to equipment failure and were reconvened in October/December with full transcript.
- The Board denied the application, finding County Road 58 and the State Easement provided reasonable, year‑round access; the district court affirmed.
- Price appealed, raising procedural-recording defects, alleged Hearing Officer impropriety, collateral estoppel, and insufficiency of substantial evidence regarding public-road status and accessibility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Recording of deliberations | Failure to preserve a verbatim record violated Wyo. Stat. § 16‑3‑107 and requires reversal | County reconvened and produced transcripts; any errors were harmless and not prejudicial | No reversible error; Board reconvened, full record of testimony exists, Price failed to show prejudice |
| Hearing Officer role | County Attorney serving as Hearing Officer gave legal advice and exceeded statutory limits | Board not a party; statutes permit agency employees or designees to preside and make recommended decisions | No impropriety; appointment and limited legal guidance were permissible and unbiased |
| Collateral estoppel | Board wrongly barred re‑litigation of access issues decided in 2003 | Earlier determinations supported Board conclusions; preclusion may apply | Court declines to decide collateral estoppel as moot because other grounds (access) dispose of appeal |
| Substantial evidence re: access | County Road 58 and State Easement do not provide reasonable, convenient access; findings unsupported | Record contains testimony, maps, photos showing County Road 58 and State Easement provide year‑round access and routine use | Affirmed: Board’s factual findings are supported by substantial evidence; Price failed to show the high level of inconvenience required for a private road |
Key Cases Cited
- State Elec. Bd. v. Hansen, 928 P.2d 482 (Wyo. 1996) (agency failure to preserve verbatim record can justify reversal)
- Bowen v. State, Wyoming Real Estate Comm’n, 900 P.2d 1140 (Wyo. 1995) (agency failure to follow procedural rules may be arbitrary and capricious)
- Brown v. State ex rel. Workers’ Compensation Div., 805 P.2d 830 (Wyo. 1991) (procedural compliance required for administrative actions)
- Crago v. Bd. of County Comm’rs, 168 P.3d 845 (Wyo. 2007) (standards for private road necessity and convenience)
- J & T Properties, LLC v. Gallagher, 256 P.3d 522 (Wyo. 2011) (private road statutes interpreted to favor reasonable, economic access solutions)
- Tarver v. City of Sheridan Board of Adjustments, 327 P.3d 76 (Wyo. 2014) (standards for appellate review of administrative factual findings)
- Dale v. S & S Builders, LLC, 188 P.3d 554 (Wyo. 2008) (substantial evidence standard and deference to agency credibility determinations)