Justia Wyoming Supreme Court Opinion Summaries

The Supreme Court reversed the order of the district court denying the State's civil in rem action for forfeiture of $75,000 in United States currency seized by law enforcement officers from Lorenzo Gallaga, holding that the district court erred in applying Wyoming's forfeiture and controlled substances laws.In denying the State's action for forfeiture, the district court concluded that the State failed to meet its burden of showing that Gallaga's presence in Wyoming with the $75,000 was an act in furtherance of a conspiracy to facilitate a violation of the Wyoming Controlled Substances Act. The Supreme Court reversed, holding that the district court erred in denying the State's civil forfeiture claim because the State met its burden of proving that the currency seized from Gallaga was traceable to the exchange of controlled substances or otherwise used to facilitate activities which, if undertaken, would violate the Act. View "State v. Gallaga" on Justia Law

The Supreme Court affirmed the judgment of the district court finding that an outbuilding Michael Troy Jerup constructed violated the setback requirements governing the properties of Jerup and his neighboring property owner, J. William Winney, Jr., but denying Winney's request for an order requiring that the structure be removed or relocated, holding that there was no error.Specifically, the Supreme Court held (1) the district court erred in denying Winney's request for an injunction on the ground that it was untimely; (2) the district court erred in ruling that proof of an injury was an element of Winney's request for an order enjoining Jerup's violation of the protective covenants; and (3) a weighing of the equities did not support issuance of a mandatory injunction requiring the destruction of Jerup's outbuilding, and this Court affirms the district court's ruling on that alternate basis. View "Winney v. Jerup" on Justia Law

The Supreme Court reversed the judgment of the district court denying Wind River Rehabilitation and Wellness's motion to compel arbitration in this action alleging medical malpractice, holding that the district court erred in denying the motion to compel arbitration.Plaintiff, the wrongful death representative of Loy Forshee, filed this action against Wind River, where Forshee lived when he fell and broke his hip, alleging medical malpractice. Wind River moved to compel arbitration under the parties' arbitration agreement. The district court denied the motion, concluding that Wind River waived his right to arbitration by waiting fourteen months to compel arbitration. The Supreme Court reversed, holding that the record did not support a conclusion that Wind River waived its right to arbitrate. View "Empres at Riverton, LLC v. Osborne" on Justia Law

The Supreme Court affirmed the order of the district court holding Nicole and Andy Ward in contempt for failing to comply with a visitation order and then issuing an order modifying Brett and Isabel Beldens' visitation to better accommodate the parties' needs and obligations, holding that there was no error.In 2019, the Beldens, the grandparents of the children of their deceased son, were granted visitation after their relationship with Nicole soured. In 2022, Andy the children's stepfather, adopted the children. Thereafter, the Wards informed the Beldens that they would no longer comply with the order of grandparent visitation. The Beldens filed a motion to enforce the visitation order, and the Wards filed a petition to modify the visitation order. The district court (1) held the Wards in contempt for their failure to comply with the original visitation order; and (2) modified the Beldens' visitation after finding that good cause existed to amend the order. View "Ward v. Belden" on Justia Law

The Supreme Court affirmed the decision of the district court granting summary judgment in favor of C.H. Yarber Construction in this action brought by West American Insurance Company seeking subrogation and asserting claims of negligence and breach of contract, holding that West could not pursue its claims against C.H. Yarber in subrogation.C.H. Yarber was the tenant leasing Profile Properties' commercial property in Cheyenne when the property sustained damage from a fire. West, the insurer of the property, covered Profile's fire damages and proceeded against C.H. Yarber in subrogation. The district court concluded that West could not pursue its claims in subrogation because D.H. Yarber was a co-insured under Profile's insurance policy. The Supreme Court affirmed, holding that because the relevant lease evidenced that Profile did not intend to look to C.H. Yarber to cover the insured loss, West could not pursue its claims against C.H. Yarber in subrogation. View "West American Insurance Co. v. Black Dog Consulting Inc." on Justia Law

The Supreme Court summarily affirmed the judgment of the district court in this marriage dissolution action, holding that the district court did not err in granting Wife's motion to alter or amend judgment pursuant to Wyo. R. Civ. P. 59, and this Court declines to impose sanctions under Wyo. R. App. P. 10.05.After a bench trial the district court entered a decree of divorce dividing the martial assets and ordering Wife to make a lump sum equalization payment to Husband subject to statutory interest. Wife moved to alter or amend the judgment requesting a payment plan without interest for the equalization payment. The district court granted the motion. The Supreme Court summarily affirmed, holding that Husband's brief on appeal was deficient in several respects and lacked cogent argument. View "McInerney v. Kramer" on Justia Law

The Supreme Court affirmed the decision of the Board of Equalization affirming the Wyoming Departments of Audit and Revenue's mineral tax audit assessments of Chesapeake Operating, LLC's oil and gas production, holding that the State Board of Equalization did not misinterpret Wyo. Stat. Ann. 39-14-203(b)(iv) when it found that Chesapeake's field facilities did not qualify as processing facilities.On appeal, Chesapeake argued that the Board erred in concluding that Chesapeake's facilities qualified as processing facilities under the mineral tax statutes and that the proper point of valuation for its gas production was at the custody transfer meters. The district court certified the case directly to the Supreme Court, which affirmed, holding that the Board correctly interpreted and applied Wyo. Stat. Ann. 39-14-201(a)(xviii) when it found that the seven facilities at issue were not processing facilities. View "Chesapeake Operating, LLC v. State, Dep't of Revenue" on Justia Law

The Supreme Court affirmed the judgment of the district court denying Defendant's motion to correct an illegal sentence under Wyo. R. Crim. P. 35(a), holding that the district court did not err in concluding that Defendant's motion was barred by res judicata.Defendant was convicted of two counts of aggravated vehicular homicide and sentenced to twelve to twenty years in prison on each count, to be served consecutively. After unsuccessfully moving in 2015 to correct an illegal sentence, in 2022 Defendant filed the current motion to correct an illegal sentence, arguing that his consecutive sentences were illegal because they exceeded the twenty-year statutory maximum sentence for aggravated vehicular homicide. The district court denied the motion on res judicata grounds. The Supreme Court affirmed, holding that because Defendant already raised and litigated the claim presented in his current motion, the district court did not err in denying the Rule 35(a) motion on res judicata grounds. View "Tucker v. State" on Justia Law

The Supreme Court reversed the judgment of the district court granting Wife's motion filed under Wyo. R. Civ. P. 60 seeking to set aside a stipulated final decree of divorce due to inadvertence or mistake, holding that the stipulated decree was ambiguous, and the record was insufficient to support the district court's interpretation.After the stipulated decree was entered in this case Husband refinanced the marital home. Wife believed she was entitled to half of the net equity in the home at the completion of the refinance, but Husband argued that she was only entitled to half the net proceeds if the house was sold. The district court granted Wife's Rule 60 motion determining that the stipulated decree unambiguously required Husband to pay Wife half the equity in the property from the refinance or sale of the home. The court entered an order requiring that any equity recognized through sale or refinance of the home was to be equally divided between the two parties. The Supreme Court reversed and remanded the case, holding (1) the stipulated decree was ambiguous as to whether Husband was required to provide Wife half the net proceeds in the event of refinance; and (2) the record did not contain sufficient evidence to clarify the stipulated decree under Rule 60(a). View "Van Vlack v. Van Vlack" on Justia Law

The Supreme Court reversed the judgment of the district court denying Defendant's motion in his criminal case for the return of property seized by law enforcement during the underlying criminal investigation, holding that remand was required.Defendant pleaded guilty to aggravated assault and battery. Several months after he was sentenced Defendant filed a motion requesting suppression of items used as evidence in his case. The district court ruled that it did not have jurisdiction over Defendant's motion in the criminal case because a post-conviction motion for return of property is a civil matter. The Supreme Court reversed, holding that the district court erred in declaring that it did not have jurisdiction to consider Defendant's motion for return of his property, nor did it have the legal authority to order return of the property because the motion was authorized by Wyo. R. Crim. P. 41(d), and the court should have received evidence to determine whether Defendant was entitled to return of the property. View "Bunten v. State" on Justia Law