WY Supreme Court docket Finds Case Difficult Conditional Use Allow Ought to Not Have Been Dismissed

This put up was authored by Amy Lavine, Esq.

In a case difficult the issuance of a conditional use allow to permit a multi-family housing challenge, the Wyoming Supreme Court docket held that the board was required to transmit your entire report to the district courtroom inside 60 days after the submitting of the petition for evaluate . When the board did not adjust to this requirement, it was error to dismiss the appellants’ petition and the district courtroom ought to have as an alternative directed sanctions in opposition to the board. Because the courtroom defined: “The district courtroom’s dismissal rewards the Board for failure to adjust to the foundations. It locations all of the duty and penalties for the Board’s failure on Appellants. As a result of the Board, not Appellants, had the duty to transmit your entire report to the district courtroom, it was an abuse of discretion to dismiss Appellants’ petition for evaluate.” Depiero v. Bd. of Cty. Comm’rs, 2022 WY 42 (3/24/22)