Crescent H Homeowners Association, Inc. v. Crescent H Association of Homeowners, Inc., 2009 WY 153

222 P.3d 134 (Wyo. 2009) · Supreme Court of Wyoming · December 14, 2009 · No. S-07-0275

Summary

The Supreme Court of Wyoming affirmed summary judgment for Crescent H Association of Homeowners, Inc. and Jones Holdings, LLC in a dispute over authority to regulate fishing and recreational activities at Crescent H Ranch. The court held that the governing Fishing License and Use Agreements vested regulatory authority in the Licensor, later assigned to the Fourth Filing Association, and that the unrecorded Rules and Regulations did not establish a binding contract granting joint authority to the First Filing Association.

Holdings

  1. The Crescent H Ranch Rules and Regulations did not create a binding contract granting the First Filing Association joint authority to regulate fishing and recreational activities.
  2. The Fishing License and Use Agreements controlled the regulation of fishing and recreational-use rights, and the Fourth Filing Association possessed the regulatory authority assigned by the Licensor.
  3. Summary judgment for the Fourth Filing Association and Jones Holdings was proper because the material facts were undisputed and the First Filing Association failed to establish a genuine issue of material fact entitling it to joint regulatory authority.

Questions Presented

  1. Whether the Crescent H Ranch Rules and Regulations formed a valid contract granting the First Filing Association joint authority to regulate fishing and recreational activities.
  2. Whether the recorded Fishing License and Use Agreements controlled the parties' regulatory rights and vested regulatory authority in the Fourth Filing Association as the Licensor's assignee.
  3. Whether the district court properly granted summary judgment in favor of the Fourth Filing Association and Jones Holdings.

Disposition

affirmed

Cases Cited (8)

  • Metz Beverage Co. v. Wyoming Beverages, Inc., 2002 WY 21, ¶ 9, 39 P.3d 1051, 1055 (Wyo. 2002)(followed)
  • Glenn v. Union Pacific R.R. Co., 2008 WY 16, ¶ 6, 176 P.3d 640, 642 (Wyo. 2008)(followed)
  • Jacobs Ranch Coal Co. v. Thunder Basin Coal Co., 2008 WY 101, ¶ 8, 191 P.3d 125, 128-29 (Wyo. 2008)(followed)
  • Laughter v. Board of County Commissioners for Sweetwater County, 2005 WY 54, ¶ 9, 110 P.3d 875, 879 (Wyo. 2005)(followed)
  • Coffinberry v. Board of County Commissioners of County of Hot Springs, 2008 WY 110, ¶ 3, 192 P.3d 978, 979-80 (Wyo. 2008)(followed)
  • Vollan v. Wyoming Board of Dental Examiners, 2007 WY 132, ¶ 5, 165 P.3d 103, 104 (Wyo. 2007)(followed)
  • In re HC, 983 P.2d 1205, 1209 (Wyo. 1999)(followed)
  • Ahearn v. Anderson-Bishop Partnership, 946 P.2d 417, 422 (Wyo. 1997)(followed)

Cited In (0)

No citing cases on record yet.

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