Zeimens v. City of Torrington, 2012 WY 97

Summary

The Wyoming Supreme Court considered whether the right-of-way for Sheep Creek Road, Goshen County Road 72, was 66 feet or 80 feet wide. The court held that the absence of an express width in the recorded plat created an ambiguity that could be resolved through extrinsic evidence, including surveyor field notes and county road records, and affirmed judgment for the City of Torrington and Goshen County.

Holdings

1. The county commissioners' failure to state the width of Sheep Creek Road was an ambiguity or irregularity, not a defect that prevented the road from being established or deprived the commissioners of jurisdiction.
2. Because the recorded plat was ambiguous as to the width of Sheep Creek Road, the district court properly considered extrinsic evidence, including the county surveyor's field-note transcription and the county road index, to determine the intended width.
3. The district court's finding that Sheep Creek Road had an eighty-foot right-of-way was not clearly erroneous.

Questions Presented

1. Whether the county commissioners' failure to state the width of Sheep Creek Road rendered the road's width legally unestablished.
2. Whether the district court properly considered extrinsic evidence to determine that the right-of-way for Sheep Creek Road was eighty feet wide.
3. Whether the district court's finding that the right-of-way was eighty feet wide was clearly erroneous.

Disposition

affirmed