In October 2004, Worthington Group of Wyoming, LLC (Worthington) submitted a sketch plan and special use permit application for the development of the subdivision to the Board and the Park County Planning & Zoning Commission (the Commission), and despite numerous objections, the plans for development of the subdivision were approved.
Two neighboring residents and a Wyoming nonprofit corporation (Northfork) petitioned for judicial review of the Board’s decision to approve plans for development of the subdivision proposed by Worthington. The District Court, Park County affirmed the Board’s decision and Northfork appealed, raising evidentiary and procedural issues. Worthington cross-appealed, claiming that Northfork’s issues are moot because Worthington has built the subdivision.
The Supreme Court of Wyoming, finding that the appeal is not moot, affirmed in part and reversed in part, holding that (1) completion of the subdivision while the appeal was pending did not render the appeal moot, (2) the Board did not violate the zoning regulation requiring mandatory submissions of information, (3) the final plat was consistent with the subdivision sketch plan, (4) the Board’s finding that the proposed subdivision had a dependable water source was supported by sufficient evidence, (5) the Board’s approval of the subdivision’s open space plan did not violate the county zoning regulation, and (6) the developer was unlawfully denied the right to participate in contested case proceeding.
Northfork Citizens for Responsible Development v. Board of County Commissioners of Park County, 2010 WL 1380666 (Wyo. 4/8/2010)
The opinion can be accessed here.
