Town of Wheatland v. Bellis Farms, Inc.

In initial analysis, my strongest disagreement with the decision of the majority arises from this court’s basic misunderstanding and misapplication of the separation of powers concept. See Billis v. State, 800 P.2d 401 (Wyo.1990), Urbigkit, Justice, dissenting and Wyo. Const, art. 2.

Here, instead of relinquishing judicial authority to an executive agency, we undermine executive discretionary authority by judicially undertaking to determine need and necessity for a town to have an adequate airport as a constituent of the municipality and its community life in this last decade before the…