Tobin v. Pursel

ROSE, Justice.

The Pursels are the owners of a sizeable amount of property adjacent to Casper along the Alcova Highway. They have been selling lots to the general public for residential purposes, conveying the lands by metes and bounds. They were requested by the county clerk, the defendant-appellant herein, to file a plat and dedication under § 34-123, W.S.1957, 1 which they declined to do and in lieu thereof brought this suit for declaratory judgment seeking a determination of the construction and the validity of the afore-cited section of the statutes.

The issues presented to the trial court…