Legal Opinion · Dissent

Town of Moorcroft v. Lang

Wyoming Supreme Court

Decided September 25, 1989No. 87-182, 87-183Published

1DissentCardine, Chief Justice

The majority opinion begins' its analysis of statutory dedication with the flat statement that the act of dedication creates three separate interests: a fee simple determinable in the surface used for the street, a possibility of reverter in the same property, and a separate mineral estate below the street. While I have no quarrel with the characterization of the first two interests, there is no basis for the statement that the mineral estate under the street is somehow severed from the mineral estate under the adjoining property. Since the majority’s result is based on this erroneous…

2Cases cited7 opinions

  1. McKinney v. McKinneyWyoming Supreme Court · 1943
  2. Coumas v. Transcontinental Garage, Inc.Wyoming Supreme Court · 1951
  3. City of Leadville v. Bohn Mining Co.Supreme Court of Colorado · 1906
  4. City of Evanston v. RobinsonWyoming Supreme Court · 1985
  5. Goldsmith v. CheneyWyoming Supreme Court · 1970

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