Police Protective Ass'n of Casper v. City of Casper

THOMAS, Justice,

specially concurring, with whom RAPER, Justice, joins.

I concur in the result in this case, but I cannot agree with the grounds for disposition reflected in the majority opinion.

The opinion of the Court treats this agreement as void because the term of the agreement is construed as being perpetual. There is no express language in the agreement stating that it was to be in force in perpetuity. Relying upon the general presumption that the parties intend the contract to be legal and binding, and the rule that if susceptible to alternative constructions it should be afforded the…