340 P.3d 1002
Wyo.2014Background
- In 2011 Ted N. Price Sr., trustee of the Price Family Trust, applied under Wyo. Stat. § 24-9-101 for a private road claiming no outlet to a public road; he preferred a route across Garman's land.
- Price previously applied in 2008 and earlier admitted County Road 58 touched and entered his land.
- Objectors argued Price had multiple public access points: County Road 58, Lytle Creek Road, and an easement from State Highway 14 across state land (the "State Easement").
- Crook County appointed the county attorney as hearing officer; hearings occurred July 5 and August 3, 2011; deliberations in September were partly unrecorded due to equipment failure and were reconvened and fully transcribed in December.
- The Board denied Price's application, finding County Road 58 and the State Easement provided reasonable, year‑round access; the district court affirmed and Price appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Recording of deliberations | Board failed to preserve complete verbatim record (statute) — proceedings defective, requiring reversal | Board reconvened, produced transcript of evidentiary hearing and later deliberations; no prejudice | No reversible error; failure harmless because record contains testimony/evidence and Price showed no prejudice |
| Hearing officer's role | County Attorney as hearing officer gave legal advice and exceeded statutory limits; violated prohibition on agency representative serving as presiding officer | Board is not a party; statute barring agency representative from presiding does not apply; hearing officer may make recommended decisions and answer legal questions | No impropriety; hearing officer acted within authority and did not prejudice proceeding |
| Sufficiency of evidence re: public access (County Road 58 and State Easement) | County Road 58 is an unmaintained two‑track and State Easement impracticable; no reasonable, convenient access exists | Evidence (surveys, maps, photos, multiple witness accounts) shows County Road 58 and State Easement cross or provide access to Price's land and are used year‑round | Substantial evidence supports Board's findings that County Road 58 and State Easement provide reasonable access; denial affirmed |
| Collateral estoppel | Board wrongly applied collateral estoppel to bar re‑litigation of access | Board relied on prior findings; but outcome would stand on substantial evidence regardless | Court declined to resolve estoppel issue as moot because substantial evidence independently supports decision |
Key Cases Cited
- Crago v. Board of County Commissioners, 168 P.3d 845 (Wyo. 2007) (explains necessity/convenience standard for private road approval)
- J & T Properties, LLC v. Gallagher (In re Establishment of a Private Roadway to Real Prop.), 256 P.3d 522 (Wyo. 2011) (private road statutes intended to provide affordable, reasonable access; convenience principle)
- Tarver v. City of Sheridan Board of Adjustments, 327 P.3d 76 (Wyo. 2014) (standard for substantial evidence review of administrative findings)
- State Electrical Board v. Hansen, 928 P.2d 482 (Wyo. 1996) (agency failure to keep verbatim record can warrant reversal absent remedial steps)
- Bowen v. State, Wyoming Real Estate Commission, 900 P.2d 1140 (Wyo. 1995) (agency failure to follow procedural rules may be arbitrary and capricious)