Legal Opinion · Concurring in part, dissenting in part

Cheyenne Newspapers, Inc. v. Building Code Board of Appeals

Wyoming Supreme Court

Decided January 8, 2010No. S-09-0103Published

1Concurring in part, dissenting in partBurke, Justice

[124] I agree with the majority that an agency's deliberations after a contested case hearing are subject to the requirements of the Wyoming Public Meetings Act, and that the Board violated this Act when it deliberated at a closed meeting. However, I conclude that the record is insufficient to support a finding that the Board took no action during the meeting. Accordingly, I would reverse the district court's grant of summary judgment, and remand for further proceedings to resolve this genuine issue of material fact.

[125] The Wyoming Public Meetings Act provides that no "action" by a…

2Cases cited4 opinions

  1. Wyoming Community College Commission v. Casper Community College DistrictWyoming Supreme Court · 2001
  2. Voss v. GoodmanWyoming Supreme Court · 2009
  3. Brumbaugh v. Mikelson Land Co.Wyoming Supreme Court · 2008
  4. Emery v. City of RawlinsWyoming Supreme Court · 1979

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