Polo Ranch Co. v. City of Cheyenne

LEHMAN, Justice.

[¶ 1] This is an appeal from the partial entry of summary judgment by the district court ruling 1) that appellants Polo Ranch Company, John N. Morris, and Norma B. Morris (collectively “PRC”), do not have any right to drill for subsurface water on the lands subject to a 1955 agreement (“Agreement”) entered into between John H. Bell (“Bell”),1 predecessor to PRC, and appellee City of Cheyenne Board of Public Utilities (“City”); 2) that PRC is barred by the doctrine of res judicata from relitigating the meaning of the term “exclusive” as used within the Agreement; and 3) that…