GRAY , Justice . [ 1] This dispute, over priority of rights between mineral developers in Wyoming's Powder River Basin, is before the Court a second time. Berenergy owns rights to both federal and private oil and gas. Peabody holds federal coal leases, and these minerals overlap. Berenergy Corp. v. BTU Western Resources, Inc., 2018 WY 2, 38-42, 408 P.3d 396 , 404 (Wyo. 2018) ( Berenergy I ). In Berenergy I, we determined the United States Department of Interior, Bureau of Land...
FOX , Justice . [ 1] J. Michaela Byrnes sold property to Michael and Carla Jo Harper on a contract for deed. The Harpers filed a declaratory judgment action to establish their right to prepay the contract and obtain the deed, and the district court ruled in favor of the Harpers and ordered Ms. Byrnes to pay attorney fees and costs for discovery violations. Ms. Byrnes filed a pro se appeal in Byrnes v. Harper, 2018 WY 21, 1, 411 P.3d 427 , 429 (Wyo. 2018). We dismissed Michaela Byrnes'...
PEASLEY , District Judge . [ 1] Johnson County, through the Johnson County Fair Board, provides sixty-nine (69) camp spots at the Johnson County Fairgrounds for use during the annual Johnson County Fair and Rodeo. For each campsite, the County charges $25.00 per week and does not collect any sales or lodging taxes. The Department of Revenue (Department) determined the use of these campsites was subject to sales and lodging taxation, and the Board of Equalization (Board) reversed. The Board...
FOX , Justice . [ 1] Solvay Chemicals, Inc. (Solvay) appealed the Department of Revenue's (DOR) assessment of the taxable value of soda ash produced at its Sweetwater County trona mine to the Wyoming Board of Equalization (Board). Solvay disputed the calculations the DOR used to determine the amount of the deduction for bagging some of the soda. After the contested case hearing, the Board requested supplemental briefs to address a question of statutory construction that had not been raised...
DAVIS , Chief Justice . [ 1] Appellant Joshua R. Popkin pled no contest to two charges of second degree sexual assault. On appeal, he asserts that the facts alleged in the charges against him did not constitute crimes. We affirm because we conclude that his no-contest pleas waived this appeal issue. ISSUES [ 2] Dr. Popkin presents a single issue: Do the facts alleged in this case constitute a crime The State raises a second issue: By pleading no contest to the charges, did Dr. Popkin...
BURKE , Justice . [ 1] The United States District Court for the District of Wyoming certified a question to this Court concerning the definition of "sell" or "sale" set forth at Wyo. Stat. Ann. 12-1-101(a)(xvi). This question asks us to determine whether Appellants, Traveling Vineyard and Michaela Robinson, engaged in the "sale" of alcohol at in-home wine tasting events. We answer the certified question in the affirmative. CERTIFIED QUESTION [ 2] Does the statutory definition of "...
FOX , Justice . [ 1] This is a consolidated appeal in which the International Association of Fire Fighters Local Union No. 5058 (IAFF Local 5058) and the International Association of Fire Fighters Local Union No. 5067 (IAFF Local 5067) appeal from separate district court decisions governing their attempts to collectively bargain with their respective corporate entities. The district courts in both cases held that the Wyoming Collective Bargaining for Fire Fighters Act's definition of "fire...
FOX , Justice . [ 1] After a bench trial, the circuit court cancelled the mobile home sale between Respondent, Burton Construction, Inc., and Petitioner, Justin James Larson, finding that the parties made a mutual mistake in drafting their contract. On appeal, the district court reversed the circuit court's decision and found that Mr. Larson breached the contract. We granted Mr. Larson's petition for a writ of review. We affirm in part, reverse in part, and remand for further proceedings....
KAUTZ , Justice . [ 1] Appellant, Zane S. Johnson (Father), appeals the district court's order modifying the child custody, visitation and support order entered when Father and Appellee, Jami J. Clifford (Mother), divorced. Father argues the district court erroneously determined a material change in circumstances affecting the parties' children occurred since the original divorce decree. He claims the court's order changing custody does not serve the children's best interests. Father also...
KAUTZ , Justice . [ 1] Appellants Dominic J. Whitham and Kimberly A. Whitham are the parents of Appellant Benjamin F. Whitham (hereinafter referred to collectively as "the Whithams"). The Whithams filed a complaint against Appellees Park County School District #1 (school district) and school district employees Denise Feller, Kerri Boggio and Jerold Haire (hereinafter referred to collectively as "the appellees"). The Whithams alleged the school district employees had committed various torts...
DAVIS , Justice . [ 1] J. Michaela Byrnes sold property to Michael and Carla Jo Harper on a contract for deed. A dispute arose over the Harpers' right to prepay the contract and Ms. Byrnes' obligation to deliver the deed, and the Harpers filed a declaratory judgment action. The district court ruled in favor of the Harpers and ordered Ms. Byrnes to pay attorney fees and costs for discovery violations. Ms. Byrnes filed a pro se appeal from both orders. We dismiss Ms. Byrnes' appeal of the...
FOX , Justice . [ 1] SH received special education services at the Campbell County School District (School District) in accordance with an Individual Education Plan (IEP), pursuant to the federal Individuals with Disabilities Education Act. She was injured when she slipped and fell on the school playground, and she filed a complaint against the School District to recover damages for her injuries. SH claimed that the Wyoming Governmental Claims Act did not bar her suit against the School...
DAVIS , Justice . [ 1] This case involves a dispute between mineral developers in Wyoming's Powder River Basin. Berenergy Corporation produces oil from several sites under three oil and gas leases granted by the United States Department of the Interior, Bureau of Land Management (BLM). The surface area covered by those leases and wells overlaps lands that, pursuant to BLM coal leases, affiliates of Peabody Energy Corporation (Peabody) are planning to strip-mine. [ 2] Berenergy's suit...
HILL , Justice . [ 1] Gretchen Howard, Audrey Kinion, and Steve Winn (Plaintiffs) individually filed separate claims in circuit court asserting invasion of privacy claims against Aspen Way Enterprises, Inc. (Aspen Way). The circuit court concluded that Wyoming does not recognize a cause of action for Plaintiffs' privacy claims and granted Aspen Way summary judgment on those claims. Plaintiffs appealed, and the district court affirmed on the same basis. We granted the Plaintiffs' petitions...
HILL , Justice . [ 1] Darrell Menapace filed a medical malpractice complaint against Memorial Hospital of Sweetwater County (the Hospital) alleging the Hospital was vicariously liable for the acts or omissions of a physician who worked at the hospital as an independent contractor. The Hospital moved for summary judgment on the ground that the physician was not a Hospital employee and the Hospital was therefore immune from liability for his acts or omissions. The district court found that...
BURKE , Chief Justice . [ 1] PacifiCorp, Inc. operates coal-fired electrical generation facilities in Wyoming. In 2012, PacifiCorp sought a ruling from the Wyoming Department of Revenue that its purchases of certain chemicals used in the process of generating electricity qualified for either the manufacturers' sales tax exemption or the wholesalers' sales tax exemption. The Department ruled against PacifiCorp, and the Board of Equalization affirmed the Department's ruling. PacifiCorp...
HILL , Justice . [ 1] Bruce Elworthy and Anne Marshall (collectively "Plaintiffs") filed an action against Defendants alleging claims for breach of contract, fraud in the inducement, and violation of a California law governing fraudulent business practices, all claims in relation to Defendants' financing of Plaintiffs' real property located in Wyoming and California. Plaintiffs filed their action in Wyoming and sought monetary and punitive damages, rescission and restitution, and an order...
FOX , Justice . [ 1] David Halling, as manager of Professional Business Holdings, LP (PBH), and Joyce Halling, as president of MedCon, Inc. (MedCon), each purchased an undivided half interest in a parcel of land in Lincoln County, Wyoming, from Brandon Bentley. Mr. Halling, individually and as manager of PBH, executed a mortgage in favor of Mr. Bentley on PBH's half interest as security for the purchase price of 50 percent of the lot. Mrs. Halling, individually and as president of MedCon,...
HILL , Justice . [ 1] Anadarko Land Corporation (Anadarko) appeals a district court decision upholding the validity of a 1911 Laramie County tax assessment against minerals owned by Anadarko's predecessor, as well as the tax sale and tax deed that eventually emanated from the failure to pay those taxes. We affirm. ISSUE [ 2] Anadarko presents a single issue on appeal: Whether the district court erred in quieting title to Appellee Family Tree based upon a 1912 tax sale that was void...
KAUTZ , Justice . [ 1] James E. Pearson was convicted after a jury trial of one count of aggravated arson and one count of attempted first degree murder for starting a fire in a motel hallway outside the victim's room. He claims the evidence was insufficient for the jury to conclude that he had the specific intent to kill the victim and that his due process rights were violated when the district court allowed the State to call a witness to testify after failing to timely disclose...
