Town of Pine Bluffs v. Eisele

BURKE, Chief Justice,

concurring in part and dissenting in part, in which KAUTZ, Justice, joins.

[¶29] I agree that the Town was not required to exhaust administrative remedies before seeking to enjoin an illegal assessment pursuant to Wyo. Stat. Ann. § 39-13-109(c). However, I disagree with the majority’s conclusion that the assessment was not “illegal” and that the complaint was properly dismissed. I would reverse the decision of the district court.

[¶30] In interpreting any statute, we endeavor to ascertain legislative intent. Our primary source for determining that intent is the plain and…