Posted by: Patricia Salkin | July 18, 2022
WY Supreme Courtroom docket Finds Case Troublesome Conditional Use Permit Should Not Have Been Dismissed
This submit was authored by Amy Lavine, Esq.
In a case tough the issuance of a conditional use enable to allow a multi-family housing endeavor, the Wyoming Supreme Courtroom docket held that the board was required to transmit all of the report back to the district courtroom docket inside 60 days after the submitting of the petition for evaluation . When the board didn’t regulate to this requirement, it was error to dismiss the appellants’ petition and the district courtroom docket must have in its place directed sanctions in the direction of the board. As a result of the courtroom docket outlined: “The district courtroom docket’s dismissal rewards the Board for failure to regulate to the foundations. It places all the obligation and penalties for the Board’s failure on Appellants. On account of the Board, not Appellants, had the obligation to transmit all of the report back to the district courtroom docket, it was an abuse of discretion to dismiss Appellants’ petition for evaluation.” Depiero v. Bd. of Cty. Comm’rs, 2022 WY 42 (3/24/22)
Posted in Specific Use/Exception