Board of County Commissioners v. Crow

Summary

The Wyoming Supreme Court affirmed the district court's refusal to order abatement of approximately 3,000 square feet of habitable space added to the Crows' home in violation of Teton County land development regulations. The court held that, despite rejecting certain aspects of the district court's equitable analysis, the court's balancing of the property's characteristics and the County's enforcement interests was reasoned, supported by the record, and within its discretion.

Holdings

1. A district court has equitable discretion to deny abatement of a land-use violation when, after balancing the equities and considering the totality of the circumstances, the chosen remedy is reasonable, supported by the record, and not arbitrary or capricious.
2. A violator's alleged confusion about the meaning of a land development regulation, or the fact that other violations received variances, after-the-fact permits, or modest fines, does not constitute an equity justifying the violation or weighing in the violator's favor.
3. The County's appeal was meritorious, so the court denied the Crows' request for attorney fees or damages.

Questions Presented

1. Whether the district court clearly erred in finding that confusion and lack of clarity concerning interpretation and enforcement of Section 2450 influenced the Crows' conduct.
2. Whether the district court clearly erred in finding that the County's previous enforcement efforts influenced the Crows' conduct.
3. Whether the district court abused its discretion by denying abatement after balancing the equities and considering the totality of the circumstances.
4. Whether the Crows were entitled to attorney fees or damages on the ground that the County's appeal was frivolous.

Disposition

affirmed