Campbell County Board of Commissioners v. Wyoming Horse Racing, LLC and Wyoming Downs, LLC

Summary

The Wyoming Supreme Court affirmed the district court’s decision setting aside Campbell County Resolution 2077 under the Wyoming Administrative Procedure Act. The court held that the Pari-Mutuel Act authorized the county to approve or deny applications as a condition precedent to the Wyoming Gaming Commission’s issuance of permits, but did not authorize the county to revoke prior approvals after permits had been issued and simulcasting authorized. The court also held that the resolution was subject to judicial review despite the county’s characterization of it as a legislative act.

Holdings

1. Resolution 2077 was subject to judicial review because its revocation provision specifically aggrieved or adversely affected identifiable permit holders, and no statute or common-law provision expressly precluded review.
2. Campbell County lacked express or implied authority under the Wyoming Pari-Mutuel Act to revoke its prior approvals after the Gaming Commission had issued the permits and authorized simulcasting.
3. The Supreme Court declined to consider the County's argument that appellees were required to obtain county approval before renewing their permits because the issue was raised for the first time on appeal and was neither jurisdictional nor shown to be fundamental.

Questions Presented

1. Whether the Wyoming Supreme Court had jurisdiction to review Resolution 2077 under the Wyoming Administrative Procedure Act when the County characterized the resolution as a legislative act.
2. Whether Campbell County had express or implied authority under the Wyoming Pari-Mutuel Act to revoke its prior approvals after the Gaming Commission had issued pari-mutuel and simulcast permits and authorized simulcasting.
3. Whether the County's argument that appellees were required to obtain new approval before renewing their permits could be considered for the first time on appeal.

Disposition

affirmed