Rosenberger v. City of Casper Board of Adjustment

I dissent because neither this record nor the law supports the premise of the majority decision that the City of Casper Board of Adjustment (Board) could not grant a rehearing which would toll the time for the Rosenbergers to appeal. Additionally, the time limitation for administrative agency appeal properly commences upon denial of rehearing or a decision on rehearing as expressly stated by W.R.A.P. 12.04 as constituting the second error in majority decision.

Specifically, I would hold as documented in the record that the Board had the authority and had adopted rehearing rules. Further, the…