Sare v. Sheridan County Board of County Commissioners

Although not realistically addressed by the litigants and consequently not considered by the majority as a dispositive issue, I would reverse and dismiss the original complaint for failure to state a claim pursuant to W.R.C.P. 12(b)(6) and 12(h)(2). This is a case of first impression for Wyoming where the Sheridan County Board of County Commissioners undertook litigative responsibility for access on an undeveloped platted street in a rural subdivision after a contest between adjoining landowners developed. Cf. Ruby Drilling Co., Inc. v. Billingsly, 660 P.2d 377 (Wyo.1983); Thomas v. Jultak,…