Stephen Smith and Audrey Smith, husband and wife v. Board of County Commissioners of Park County, Wyoming
2013 WY 3
| Wyo. | 2013Background
- Smiths own rural ranch land and consider their access road a private driveway.
- In 2006 neighbors petitioned to establish a county road along an unsurveyed description close to Smiths’ driveway.
- Board appointed a viewer; report suggested proceeding, but Board later dismissed petition finding driveway part of County Road 11 (established 1902).
- Smiths challenged Board’s authority through petitions for judicial review and administrative actions; district court remanded to survey the existing county road to see if the driveway fell within its right-of-way.
- On remand, Board did not survey but declared the driveway part of the county road; Smiths sued for inverse condemnation, trespass, and ejectment; district court granted summary judgment for Board, citing WGCA limitations on inverse condemnation; issue arose whether WGCA applies to inverse condemnation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does WGCA apply to inverse condemnation actions? | Smiths argue WGCA applies to inverse condemnation. | Board argues WGCA governs and limits the claim. | WGCA does not apply to inverse condemnation. |
Key Cases Cited
- Waid v. State ex rel. Dept. of Transp., 996 P.2d 18 (Wy. 2000) (WGCA time limits apply to inverse condemnation (notice requirements))
- Lankford v. City of Laramie, 100 P.3d 1238 (Wy. 2004) (WGCA time limits constitutional; inverse condemnation subject to WGCA timing)
- Gose v. City of Douglas, 193 P.3d 1159 (Wy. 2008) (WGCA time limits apply to inverse condemnation)
- Brown v. City of Casper, 248 P.3d 1136 (Wy. 2011) (WGCA applies to inverse condemnation; immunity considerations discussed)
- Sinclair v. City of Gillette, 270 P.3d 644 (Wy. 2012) (Court hints WGCA may not apply to inverse condemnation; discusses Eminent Domain Act exclusivity)
- Oroz v. Bd. of Cnty. Comm’rs, 575 P.2d 1155 (Wy. 1978) (Abrogation of governmental immunity in torts; context for WGCA)
- Cheyenne Airport Bd. v. Rogers, 707 P.2d 717 (Wy. 1985) (Dicta on limitations for inverse condemnation-related actions)