City of Cheyenne v. Board of Commissioners

Summary

The Wyoming Supreme Court affirmed summary judgment for Laramie County in a dispute over whether the City of Cheyenne had to jointly approve a partial vacation of a subdivision plat located within one mile of the city limits. The court held that Wyoming statutes require joint city and county approval for original subdivision plats in that area, but do not require joint approval for a subsequent partial vacation when the property is wholly within the county. The court declined to consider the City's additional argument concerning approval by all subdivision owners because it was raised for the first time on appeal and contradicted the City's position below.

Holdings

1. Joint City and County approval is not required for the partial vacation of a subdivision plat when the affected property is wholly within the County, even if it is within one mile of the City limits.
2. The court would not consider the City's owner-approval argument because it was raised for the first time on appeal and directly contradicted the City's position in the district court.

Questions Presented

1. Whether Wyoming statutes require joint City and County approval before a partial vacation of a subdivision plat located in the County but within one mile of a city boundary may be recorded.
2. Whether the City could challenge the validity of the partial vacation based on the absence of approval by all current subdivision owners when that argument was not raised below and contradicted the City's position in the district court.

Disposition

affirmed