White v. Woods

Summary

The Supreme Court of Wyoming reviewed consolidated appeals from summary judgments quieting title to subdivision lots against tax-deed purchasers. The court held that genuine issues of material fact concerning record ownership and the Woods' succession to the prior owners precluded summary judgment, and that the Woods could not challenge certain tax-deed defects without establishing injury, standing, and potential redress. The court reversed and addressed related statutory-limitation issues likely to arise on remand.

Holdings

1. Summary judgment for the Woods against the Whites was improper because the record left a genuine issue of material fact concerning who was the record owner of the west half of Lot 66 when the Whites applied for their tax deed in 1979.
2. Summary judgment for the Woods against Adamson was improper because the record presented a genuine issue of material fact concerning whether the Woods were successors in interest to the Kents. Moreover, on the undisputed record Adamson was entitled to judgment as a matter of law on the Woods' challenge to his tax deed because the Woods could not show that invalidating the deed would redress an injury to them.
3. A party challenging a tax deed must show prejudice or injury from statutory noncompliance and must have had, or claim through someone who had, title to or an interest in the property at the time of the tax sale such that a favorable decision could provide redress.
4. Section 34-2-132(a) does not bar a challenge to a tax deed unless the grantee has been in possession of the property continuously for at least six months during the statutory period; the Whites' lack of possession meant the statute did not apply to their tax deed.
5. The six-year limitation period for an action to recover real property sold for nonpayment of taxes does not begin to run in favor of a tax purchaser until the purchaser takes possession. Because the Woods were already in possession and the Whites had never possessed the property, the statute did not bar the Woods' quiet-title action.

Questions Presented

1. Whether genuine issues of material fact precluded summary judgment in favor of the Woods.
2. Whether the Woods had standing to challenge Adamson's and the Whites' tax deeds.
3. Whether the applicable statutes of limitation barred the Woods' challenges to the tax deeds.

Disposition

reversed_and_remanded