Justia Government & Administrative Law Opinion Summaries

Kyle Regan and Joseph Parsons, in separate incidents, were both arrested for driving while under the influence. Each appellant consented to chemical testing, and based on the test results, each Appellant had his driver's license administratively suspended. Both Appellants challenged their suspensions, claiming that their consent to chemical sentence was invalid because they had been threatened with jail time under a Laramie ordinance if they did not consent to the testing. The Office of Administrative Hearings (OAH) upheld the suspension in each case. Each Appellant challenged the implied consent advisement as affected by the Laramie ordinance. The Supreme Court affirmed, holding that the OAH ruled in accordance with law in determining that Appellants were given the statutorily required implied consent advisements, and it properly declined to rule on their remaining contentions as beyond the scope of the administrative proceeding and outside the jurisdiction of the OAH. View "Regan v. State ex rel. Dep't of Transp." on Justia Law

Appellants both had their driver's licenses suspended, and both requested a contested case hearing with the Office of Administrative Hearings (OAH) to challenge the suspension. Appellants made several arguments regarding the validity of Laramie Enrolled Ordinance 1592, which makes it a misdemeanor to refuse to submit to a chemical test and enhances the penalties for driving under the influence if a chemical test reveals a certain elevated blood alcohol level. In each case, the OAH determined it did not have the authority to consider the validity of the ordinance and upheld the suspension of Appellants' driver's licenses. The district court upheld the OAH's decision and dismissed Appellants' request for a declaration that the ordinance was unenforceable and unconstitutional on the basis that Appellants failed to raise a justiciable controversy. The Supreme Court affirmed, holding (1) the OAH appropriately found that the ordinance did not change the nature of the advisements law enforcement officers were required to provide an individual pursuant to the state's implied consent statutes; (2) the OAH also properly upheld Appellants' driver's license suspensions; and (3) the district court did not err when it dismissed Appellants' petition for declaratory relief. View "Sandoval v. State" on Justia Law

The case involved two permitting actions for a wind energy project in the mountains of Converse County. Objectors included the Northern Laramie Range Alliance (NLRA) and Northern Laramie Range Foundation (NLRF). In the first case (Case 1), Objectors challenged the district court's affirmance of the County Board of County Commissioners (Board) decision to grant Wasatch Wind Intermountain, LLC's (Wasatch) application for a Wind Energy Conversion System Permit (WECS permit). They also challenged the court's rulings that NLRA and NLRF did not have standing to appeal the Board's decision. In the second case (Case 2), Objectors challenged the district court's affirmance of the Wyoming Department of Environmental Quality, Industrial Siting Council's (ISC) decision to grant a state industrial siting permit for construction of the project. In Case 1, the Supreme Court affirmed in part and reversed in part, holding (1) NLRA had standing but NLRF did not; and (2) the Board properly granted Wasatch's application for a WECS permit. In Case 2, the Supreme Court affirmed, holding that the ISC acted within its authority in granting the industrial siting permit, and there was sufficient evidence to justify its decision. View "N. Laramie Range Found. v. Converse County Bd. of County Comm'rs" on Justia Law

Roundup Heights, a subdivision in Laramie County, was located within one mile of the City of Cheyenne. The owners of certain lots applied for County approval of a partial vacation of the subdivision plat. The County granted the partial vacation without City approval despite the City's contention that the partial vacation required joint approval by both the City and the County. The City filed suit, seeking declaratory judgment that joint City and County approval was required for partial vacation if the affected land was within one mile of the City. The district court granted summary judgment in favor of the County. The Supreme Court affirmed, holding that the relevant statutes unambiguously do not require joint City and County approval of partial vacations if the affected property is wholly within the County. View "City of Cheyenne v. Laramie County Bd. of Comm'rs" on Justia Law

Appellant was injured in an accident that occurred during the course of her employment. After receiving a permanent partial impairment award from the Wyoming Worker's Compensation Division, Appellant sought permanent partial disability benefits. The Division denied Appellant's application, stating that she had not complied with the statutory work search requirements. After a contested case hearing, the Office of Administrative Hearings granted summary judgment for the Division, concluding that Appellant had not timely submitted documentation showing she had sought work. The district court affirmed. The Supreme Court reversed, holding (1) Appellant's work search submission was timely; and (2) Appellant was entitled to a hearing and the opportunity to present evidence showing that she actively sought work. View "Stallman v. State ex rel. Wyo. Workers' Safety & Comp. Div." on Justia Law

After being arrested for driving while under the influence, Appellant submitted a request for contested case hearing before the Office of Administrative Hearings (OAH) asking the OAH to rule that the procedure used by the arresting officer to conduct the chemical breath test upon which his arrest was based did not comply with Wyo. Stat. Ann. 31-6-105(a) and, therefore, the proposed suspension of his driver's license must be vacated. The OAH hearing examiner upheld the suspension. The district court affirmed. The Supreme Court affirmed, holding (1) it was proper for OAH to apply a presumption that the underlying chemical test result was valid; and (2) Appellant did not present any evidence at the administrative hearing to rebut the presumption that the breath test results were accurate and failed to meet the requirements of Wyo. R. App. P. 12.08 that would allow the Supreme Court to order the additional evidence to be taken before the agency. View "Romsa v. State ex rel. Wyo. Dep't of Transp." on Justia Law

The Wyoming Workers' Safety and Compensation Division issued a final determination awarding Appellant a two percent permanent partial impairment benefit after Appellant was injured in a work-related accident. After a hearing, the Medical Commission upheld the Division's final determination. The district court's issued an order affirming the Medical Commission's decision. The Supreme Court affirmed, holding (1) in light of expert opinions, the criteria set forth in the AMA Guides, Appellant's medical records, and Appellant's symptoms at the time of the hearing, the Medical Commission's findings were supported by substantial evidence; and (2) even if the Court found that the Medical Commission's credibility findings were not supported by the record, substantial evidence would remain to support the Commission's decision. View "Willey v. State ex rel. Wyo. Workers' Safety & Comp. Div." on Justia Law

Petitioner was injured in an accident while driving his motorcycle to work. He filed a claim for worker's compensation benefits asserting that his injuries were covered because he sustained them while traveling to work and his employer reimbursed him for travel expenses. The Wyoming Worker's Compensation Division denied his claim. After a hearing, the Office of Administrative Hearings (OAH) also denied his claim. The district court affirmed the denial. The Supreme Court affirmed, holding that the OAH's conclusion that Petitioner failed to meet his burden of proving he was reimbursed for travel expenses was not contrary to the overwhelming weight of the evidence. View "Bilyeau v. State ex rel. Wyo. Workers' Safety & Comp. Div." on Justia Law

After Swan Ranch was annexed by the City of Cheyenne in 2009, Appellants, neighbors to the land being annexed, filed a declaratory judgment action against the City alleging that the annexation was invalid under Wyo. Stat. Ann. 15-1-402(a). Ultimately, the district court granted the City's responding summary judgment argument on two claims and conducted trial on the third and final claim. Following trial, the district court found the annexation was proper. The Supreme Court affirmed, holding that the district court's decision upholding the Swan Ranch annexation was not clearly erroneous, as "the degree of contact, the location, and the character of the annexed parcel" were sufficient to satisfy the statutory requirements for annexation under section 15-1-402. View "Hough v. City of Cheyenne" on Justia Law

This appeal involved the issuance by the Wyoming Department of Environmental Qualify (DEQ) of two general permits for the discharge of produced water from coal bed methane operations. A petroleum corporation and oil company (Appellants) appealed the DEQ's decision to the Environmental Quality Council (EQC). The Wyoming Outdoor Council (WOC) also sought review of the DEQ's decision to issue the general permits. The EQC rejected WOC's claim that general permits were rules and had to be promulgated through the rulemaking procedures set forth in the Wyoming APA. The district court reversed, determining that DEQ was required to promulgate the general permits as rules. The district court also rejected the argument by Appellants that WOC was not entitled to seek EQC review of the DEQ's decision to issue the general permits, ruling that the Wyoming Environmental Quality Act did allow WOC to seek administrative review by the EQC. The Supreme Court reversed in part and affirmed in part, holding (1) DEQ was not required to promulgate the general permits as administrative rules; and (2) WOC was entitled to EQC review of DEQ's decision to issue the general permits. View "Wyo. Dep't of Env't Quality v. Wyo. Outdoor Council " on Justia Law