298 P.3d 163
Wyo.
2013
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Background

  • TCHA created to address housing shortage; SPET funded Affordable Housing Program with $5M
  • In 2007, TCHA purchased Cheney Lane property for $2.1M, borrowing $2M later repaid
  • 2007 declaratory judgment action alleging SPET, sunshine law, financing and statutory violations
  • Remanded after Gronberg v. Teton County Housing Authority; claims narrowed to SPET, fiduciary duties and public financing
  • VRC formed Jan 19, 2012; filed Motion to Intervene Jan 26, 2012 asserting TCHA violations
  • District court denied intervention as untimely; this appeal consolidates standing and intervention rulings

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Intervention timeliness standard VRC asserts timely filing given ongoing proceedings District court acted within discretion Yes; timeliness properly denied
Standing to sue after remand Plaintiffs have a tangible interest harmed by SPET/land purchase No tangible harm shown; no justiciable controversy Yes; district court upheld lack of standing

Key Cases Cited

  • Hirshberg v. Coon, 2012 WY 5 (Wy. 2012) (timeliness is a discretionary factor for intervention)
  • Masinter v. Markstein, 2002 WY 64 (Wy. 2002) (timeliness factors guiding intervention)
  • West Ranch, LLC v. Tyrell, 2009 WY 62 (Wy. 2009) (standing requires a tangible harmed interest)
  • Dir. of Office of State Lands & Inv. v. Merbanco, Inc., 2003 WY 73 (Wy. 2003) (parents' interest in education can confer standing)
  • Brimmer v. Thomson, 521 P.2d 574 (Wy. 1974) (standing requirements relaxed for matters of public importance)
  • Maxfield v. State, 2013 WY 14 (Wy. 2013) (public interest can relax justiciability requirements)
  • Cox v. City of Cheyenne, 2003 WY 146 (Wy. 2003) (liberal pleading in declaratory judgments; focus on allegations)
  • Kroenlein v. Eddington, 2001 WY 115 (Wy. 2001) (taxpayer standing principles referenced)
  • Powers v. City of Cheyenne, 435 P.2d 448 (Wy. 1967) (standing and injury requirements in public litigation)
  • Quackenbush v. City of Cheyenne, 70 P.2d 577 (Wy. 1937) (early standing principles for municipal actions)
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