State of Wyoming ex rel., Department of Family Services v. Lisa Kisling
2013 WY 91
| Wyo. | 2013Background
- Department denied Kisling child care benefits during law school because graduate programs are not approved activities.
- OAH upheld the termination of benefits after a contested case hearing.
- Kisling petitioned district court; the court reversed, finding equitable estoppel against the Department.
- Department appeals, arguing estoppel was not raised before the OAH and district court should not have considered it.
- Court ultimately agrees estoppel was not properly raised and reverses the district court, preserving OAH's denial.
- Key statutory/regulatory framework limits benefits to approved activities; graduate law studies exceed the approved level.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Department correctly precluded benefits during graduate study | Kisling argues eligibility was not precluded by statutes/regulations. | Department contends graduate study is not an approved activity eligible for benefits. | Yes; regulations/ statute preclude graduate study for benefits |
| Whether district court erred by considering equitable estoppel on review | Kisling asserts estoppel claim was raised below and must be considered. | Department contends estoppel was not raised before the OAH. | Yes; district court erred in considering estoppel |
| Whether the district court erred in equitably estopping the Department from denying benefits | Kisling claims reliance on Department assurances warrants estoppel. | Department argues estoppel requires authorized misconduct and heightened showing not present here. | Estoppel claim not preserved; court did not sustain it |
Key Cases Cited
- Guier v. Teton County Hosp. Dist., 248 P.3d 623 (Wyoming 2011) (standard of review for agency action)
- Dale v. S & S Builders, LLC, 188 P.3d 554 (Wyoming 2008) (arbitrary/abuse of discretion standard; statutory context)
- Orchard v. State, 262 P.3d 197 (Wyoming 2011) (issues not raised below are generally waived on appeal)
- McCulloch Gas Transmission Co. v. Public Serv. Comm’n, 627 P.2d 173 (Wyoming 1981) (administrative appeal standards)
- Watkins v. State ex rel. Wyo. Med. Comm’n & Wyo. Workers’ Safety & Comp. Div., 250 P.3d 1082 (Wyoming 2011) (final issues; waiver and preservation in administrative appeals)