White v. Shane Edeburn Construction, LLC
2012 WY 118
| Wyo. | 2012Background
- Ms. White leased Lot 2 and Tract 12 in the Table Mountain Ranches subdivision from Westland Holdings, later sold to the Edeburns subject to the lease.
- January 31, 2011, the Edeburns notified White of lease violations (camper living, trash) and gave ten days to cure.
- White remained on the property; the Edeburns filed suit seeking a declaratory judgment that the lease was terminated and possession forfeited.
- White counterclaimed for breach of the covenant of good faith and fair dealing; she also separately sued for fraud and conspiracy related to Lot 11’s sale.
- The district court granted summary judgment terminating the lease for White’s breaches and dismissed the good-faith claim; it later dismissed the fraud/conspiracy claims from the Lot 11 sale.
- The court held the lease expired February 19, 2012, and found that the alleged mootness did not defeat a live controversy for damages related to the covenant claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the district court properly grant summary judgment on lease breach? | White argues material facts exist about adherence to the lease terms. | Edeburns say White breached clear lease provisions and notice exceeded required cure. | Yes; judgment affirmed. |
| Did the district court err in dismissing the implied covenant claim? | White contends the covenant was violated by pretextual grounds. | Edeburns maintain termination justified by lease; no bad-faith showing. | Yes; dismissal affirmed. |
| Did the court err in dismissing fraud/conspiracy claims regarding Lot 11? | White alleges concealment and conspiracy affecting Lot 11 sale. | Defendants assert lack of damages and no misrepresentation to White during redemption. | Yes; dismissal affirmed. |
Key Cases Cited
- SNK v. State, 78 P.3d 1032 (Wyoming 2003) (live controversy and mootness principles)
- Whitlock Constr., Inc. v. South Big Horn County Water Supply Joint Powers Bd., 41 P.3d 1261 (Wyoming 2002) (implied covenant scope; contract language controls)
- Osborne v. Emporium Videos, 870 P.2d 382 (Wyoming 1994) (fraud elements and heightened pleading)
- Sundown, Inc. v. Pearson Real Estate Co., 8 P.3d 324 (Wyoming 2000) (fraud standards and reliance considerations)
- Cook v. Shoshone First Bank, 126 P.3d 886 (Wyoming 2006) (summary judgment standard and burden)