Justia Government & Administrative Law Opinion Summaries

Pursuant to the Wyoming Public Records Act, Plaintiff requested from the Office of the Governor and the Wyoming Game & Fish Department (together, the State) documents related to the status of grizzly bears under the Endangered Species Act. The State provided some documents and withheld others on grounds of the deliberative process privilege and the attorney-client communication privilege. The district court held (1) the Act incorporates the deliberative process privilege as a ground to exempt documents from disclosure under the Act, and the documents withheld under the deliberative process privilege were properly withheld by the State; and (2) two of the three documents withheld under the attorney-client privilege were properly withheld. The Supreme Court (1) affirmed the district court’s ruling with respect to the documents withheld under the attorney-client privilege; (2) affirmed the district court’s ruling that the Act incorporates the deliberate process privilege; but (3) concluded that some of the documents withheld pursuant to the deliberative process privilege were not properly withheld because they were outside the scope of the privilege’s protection. View "Aland v. Mead" on Justia Law

Roger Seherr-Thoss (RST) owned and operated a gravel operation since at least 1977. In 1978, Teton County enacted its first Land and Development Regulations (LDRs). In 2011, Teton County issued RST an amended "notice to abate" requiring RST to reduce his production levels to pre-1978 levels because the business had expanded in volume and footprint since the LDRs were adopted. After a contested case hearing, the Teton County Board of County Commissioners entered an order recognizing that all aspects of RST’s gravel crushing and extraction operations were grandfathered but requiring RST to reduce its operation to its 1978 extent. The district court affirmed. The Supreme Court reversed, holding that the Board’s order was an improper agency determination and exercise of authority. View "Seherr-Thoss v. Teton County Bd. of County Comm'rs" on Justia Law

Robert and Beverly Bernard sought a special exemption to operate a bed and breakfast in an area that was zoned as an R-1 Residence District. The Board of Adjustments approved the Bernards’ application, but the district court reversed because the agency failed to comply with its own rules and procedures. The Bernards subsequently filed a second application for a special exemption that differed from the first in that it included an approved parking plan and a certificate of occupancy. Timothy and Carole Tarver objected, claiming that the Bernards’ second application was barred by res judicata. The Board concluded that the second application was not barred by res judicata and granted the Bernards’ application with conditions. The Tarvers appealed. The Supreme Court affirmed, holding (1) the Bernards’ second application for a special exemption was not barred by res judicata or collateral estoppel; (2) the Board had the authority to impose parking restrictions on the bed and breakfast as a condition of granting the special exemption; and (3) the Board properly applied its discretion in concluding that the Bernards were entitled to a special exemption. View "Tarver v. Bd. of Adjustments" on Justia Law

Erin Clements was injured at work and received temporary total disability (TTD) benefits for twelve months. Clements subsequently obtained an extension of TTD benefits for the statutory maximum of twelve months. When Clements applied for additional TTD benefits, the Worker’s Safety and Compensation Division denied her claim because she had received all the TTD benefits to which she was entitled under Wyoming law and Division rules. Clements filed a declaratory judgment action seeking a declaration that the Division exceeded its authority when it limited the extension of TTD benefits to twelve months. The district court granted declaratory relief. The Supreme Court affirmed, holding that the Division exceeded its authority when it adopted a rule setting a maximum number of months TTD benefits are payable under any circumstances. View "State ex rel. Dep't of Workforce Servs. v. Clements" on Justia Law

Mountain Regional Services, Inc. (MRSI), which provides services to individuals who receive medical benefits administered by the Wyoming Department of Health, filed a petition seeking judicial review of a “Provider Bulletin” issued by the Department concerning these benefits. The district court dismissed the petition for lack of ripeness and because MRSI failed to exhaust its administrative remedies before seeking judicial review. The Supreme Court affirmed, holding (1) the district court correctly concluded that the matter was not ripe for judicial review, and (2) therefore, it was unnecessary to consider the issue of exhaustion of administrative remedies. View "Mountain Reg'l Servs., Inc. v. State ex rel., Dep't of Health" on Justia Law

In April 2011, Appellant was arrested for driving under the influence of alcohol (DUI) and pleaded guilty to DUI. The Wyoming Department of Transportation (WYDOT) did not notify Appellant until August 2012 that he would be disqualified from using his commercial driver’s license for one year and that his driver’s license would be suspended for ninety days. The Office of Administrative Hearings (OAH) upheld the suspension and disqualification. Appellant filed a petition for judicial review, challenging the proceedings instituted nearly a year and a half after his DUI conviction. The district court affirmed the OAH decisions. The Supreme Court affirmed, holding (1) the administrative proceedings were promptly instituted as required by Wyo. Stat. Ann. 16-3-113; and (2) Appellant did not establish that the delay deprived him of procedural due process. View "Dubbelde v. State ex. rel. Dep't of Transp." on Justia Law

In 2004, Appellant fell while working and strained her back. Appellant was awarded worker’s compensation benefits. In 2009, Appellant slipped and fell at work and injured her ankle. In 2010, Appellant sought temporary total disability and medical pay benefits from the Workers Compensation Division, which denied Appellant’s requests. After a contested case hearing, the Office of Administrative Hearings (OAH) upheld the Division’s denial of Appellant’s request for benefits, concluding Appellant did not meet her burden of proving that she suffered aggravation of a preexisting back condition as a result of a work related injury or that she suffered a second compensable injury. The district court affirmed. The Supreme Court affirmed, holding that the OAH did not err by failing to find a causal connection between the 2009 workplace incident and Appellant’s delayed back pain. View "Hirsch v. State ex rel. Wyo. Workers' Safety & Comp. Div." on Justia Law

After conducting a compliance examination of CalCon Mutual Mortgage Corporation (“CalCon”) the Wyoming Department of Audit, Division of Banking (“Division”) determined that CalCon had violated the Wyoming Residential Mortgage Practices Act in six separate brokering transactions by receiving application fees and “yield spread premiums” exceeding those previously disclosed to its customers. The Division requested that CalCon refund the application fees and yield spread premiums to the borrowers. CalCon objected and requested a contesting case hearing before the Office of Administrative Hearings (“OAH”). The OAH determined that CalCon had violated the Act. The State Banking Commissioner subsequently issued a final order directing CalCon to reimburse the fees. The district court affirmed. The Supreme Court affirmed, holding that the Commissioner properly interpreted Wyo. Stat. Ann. 40-23-114 in determining that CalCon was required to provide a written explanation of increased application fees and yield spread premiums in the transactions at issue. View "Calcon Mut. Mortgage Corp. v. State ex rel. Wyo. Dep't of Audit, Div. of Banking" on Justia Law

The Wyoming Department of Revenue (Department) directed Appellants, on-line travel companies (OTCs), to collect and remit taxes on the total amounts they collected from customers booking hotel rooms in Wyoming. The State Board of Equalization (SBOE) upheld the order. The Supreme Court affirmed, holding (1) the SBOE did not err in finding that the full amount paid by a customer to the OTCs for a reservation of a hotel room in Wyoming was taxable to the Department; (2) the Department’s imposition of sales tax on the full amount collected by the OTCs did not violate the Dormant Commerce Clause, the Equal Protection Clause, or the Due Process Clause of the United States Constitution as applied to the OTCs; and (3) the imposition of the sales tax did not violate the federal Internet Tax Freedom Act. View "Travelocity.com LP v. Wyo. Dep't of Revenue" on Justia Law

Robert Carson and his passenger, Hugh Sharp, were involved in a car accident in which Carson sustained multiple injuries and Sharp was killed. Carson filed a claim for worker’s compensation benefits. The Wyoming Workers’ Safety and Compensation Division denied benefits, finding that Carson’s injuries did not arise out of and in the course of his employment with Metrocities Mortgage, LLC. The Office of Administrative Hearings (OAH) upheld the denial of Carson’s claim. Meanwhile, Sharp’s widow filed a wrongful death action against Carson and Metrocities. After a trial, a federal jury entered judgment against Metrocities under the theory of respondeat superior, concluding that Carson was acting within the course of scope of his employment when the accident occurred. On the basis of the federal judgment, Carson submitted a motion to reopen his claim with the OAH, contending that there was newly discovered evidence he was acting within the course of his employment at the time of the accident. The OAH eventually affirmed its earlier decision. The Supreme Court affirmed, holding that the OAH did not err when it failed to apply collateral estoppel to the issue of whether Carson was in the course and scope of his employment at the time of his injury. View "Carson v. State ex rel., Wyo. Workers' Safety & Comp. Div." on Justia Law