Legal Opinion · Dissent

Schoeller v. Board of County Commissioners

Wyoming Supreme Court

Decided August 18, 1977No. 4717Published

1DissentRaper, Justice

I dissent.

The plaintiff county, in my opinion, had authority under its general powers1 to pass *880a resolution holding development in status quo as nearly as practicable while the formal comprehensive plan contemplated by § 18-289.3, W.S.1957, Cum.Supp.,2 was being formulated and it was not necessary to conform to the notice requirements of § 18-289.4, W.S.1957, Cum.Supp. Since the county was operating within an authorized power, it has implied and inherent power to do those things both necessary and proper to directly effect the functions by the legislature created. Nation v. State ex rel. Fire…

2Cases cited21 opinions

  1. United States v. L. A. Tucker Truck Lines, Inc.Supreme Court of the United States · 1952
  2. Wilkins v. City of San BernardinoCalifornia Supreme Court · 1946
  3. Hewitt v. County CommissionersCourt of Appeals of Maryland · 1959
  4. Huff v. Board of Zoning AppealsCourt of Appeals of Maryland · 1957
  5. Wyoming State Treasurer v. City of CasperWyoming Supreme Court · 1976

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