Witzenburger v. State ex rel. Wyoming Community Development Authority

I would either have granted the petition for rehearing, in order that this court might consider whether or not its decision should be applied prospectively, or I would have announced in the order denying the petition that the Witzenburger decision will have prospective application only.

While I agree that, when considering a petition for rehearing, an appellate court should not notice matters outside the record, and generally should not concern itself with new issues, I could have justified my decision upon the grounds that exceptional circumstances are presented here and/or the public…