Cranston v. Weston County Weed & Pest Board

I dissent from the portion of the majority that affirms the February 1990 order dismissing the complaint under W.R.C.P. 12(b)(6) for failure to state a claim in regard to the Weston County Weed and Pest Control Board (Weed and Pest District) by decision that insufficient notice had been given to validate that claim against the governmental entity under the Wyoming Governmental Claims Act.

This appeal presents a major complexity, albeit one that is unaddressed by either appellants or appellee. With disposition resulting from action of the trial court on a W.R.C.P. 12(b)(6) dismissal motion,…