Tayback v. Teton County Board of County Commissioners

Summary

The Wyoming Supreme Court affirmed the Teton County Board of County Commissioners’ approval of a Basic Use Permit allowing Four Shadows, LLC to use property in Teton Village for temporary construction storage and staging. The court held that the nearby property owners had standing because they alleged non-speculative harms to scenic views, noise, dust, and enjoyment of their property. It further concluded that the two-year permit satisfied the applicable definition of a temporary use and that the Board was not required to consider or make findings about alternative sites.

Holdings

1. The Taybacks had standing because their ownership of property near the Granite Ridge site, together with alleged interference with scenic views, dust, noise, and enjoyment of their property, established a legally recognizable and non-speculative interest exceeding the general interest shared by the public.
2. The Board correctly determined that Four Shadows' use was temporary because the applicable regulation defined a temporary use as one established for a fixed period, and the Basic Use Permit established the use for the definite period of two years.
3. The Board did not act unlawfully or arbitrarily and capriciously by failing to consider or make findings about alternative sites because neither the Master Plan nor the Land Development Regulations required such consideration or findings.

Questions Presented

1. Whether the Taybacks had standing as persons aggrieved or adversely affected by the Board's permit decision.
2. Whether the Board unlawfully determined that Four Shadows' construction storage and staging constituted a temporary use under the applicable regulations.
3. Whether the Board's failure to consider or make findings concerning alternative sites rendered its order arbitrary and capricious or unsupported by law.

Disposition

affirmed