WY Supreme Court Finds Case Challenging Conditional Use Permit Should Not Have Been Dismissed

This post was authored by Amy Lavine, Esq.

In a case challenging the issuance of a conditional use permit to allow a multi-family housing project, the Wyoming Supreme Court held that the board was required to transmit the entire record to the district court within 60 days after the filing of the petition for review. When the board failed to comply with this requirement, it was error to dismiss the appellants’ petition and the district court should have instead directed sanctions against the board. As the court explained: “The district court’s dismissal rewards the Board for failure to comply with the rules. It places all the responsibility and consequences for the Board’s failure on Appellants. Because the Board, not Appellants, had the responsibility to transmit the entire record to the district court, it was an abuse of discretion to dismiss Appellants’ petition for review.” Depiero v. Bd. of Cty. Comm’rs, 2022 WY 42 (3/24/22)