WY Supreme Court Holds Counties May Only Restrict a Land Use Pursuant to Zoning

This post was authored by Matthew Loescher, Esq.

In this case, Asphalt Specialties Co., Inc. (“ASCI”) appealed the Laramie County Planning Commission’s decision denying ASCI’s 2018 site plan application for a hard rock quarry operation in Laramie County. On appeal, ASCI argued the Commission’s denial of the project “under the auspices of a Site Plan review” was unlawful under every subpart of Wyo. Stat. Ann. § 16-3-114(c)(ii).

The court first noted that it was undisputed that Laramie County had not zoned ASCI’s property and had no land use regulations governing quarries or mining operations. Nevertheless, the County had a comprehensive land use plan and LCLURs that require submission, review and approval of site use plans in regulatory areas, including the subject property. The court found the legal significance of regulations like LCLUR §§ 2-2-133 and 2-2-135 differed from the legal significance of properly adopted zoning regulations, and that counties that did not employ a traditional, zoned, land use system, could not grant or deny a permit restricting the use of that property. Accordingly, the court held that only after a county adopted zoning resolutions could it restrict a landowner from using land without obtaining a zoning certificate.

Absent such a zoning, the court held that the Commission could neither substitute public disapproval for legal authority to deny ASCI its proposed project, nor give the County’s comprehensive plan and LCLUR § 2-2-133 legal effect they did not have. Thus, the Commission exceeded its statutory authority when it utilized its comprehensive land use plan and the site plan review process to outright deny ASCI use of its land for a limited gravel mining operation. As such, the court reversed and set aside the Commission’s decision.

Asphalt Specialties Co., Inc. v Laramie County Planning Commission, 2021 WY 14 (2/1/2021)