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LARAMIE CITIZENS, ETC. v. CITY OF LARAMIE

No. 5271.

617 P.2d 474 (1980)

"LARAMIE CITIZENS FOR GOOD GOVERNMENT", a nonprofit Wyoming Corporation, Appellant (Plaintiff), Members of the Board of Directors, namely, the Honorable Roy Marion, Francina Wymore, Don Everett, Cynthia Chavez Kelly, Zadabeth Marion, Lloyd Dixon, Iris Brunett, Evelyn Overman, Thomas Murphy, Individually, (Plaintiffs), v. CITY OF LARAMIE, Albany County, Wyoming; and its City Council, the Honorable Germaine St. John, Mayor, Randy L. Burnett, Charles E. Goudey, Cal Kenneth Hull, Michael S. Kanaly, Donald R. Lamb, W. Hugh McGinley, Larry M. Mickelson, and Max Valdez, in their official capacities as the duly elected members of the Laramie City Council, Appellees (Defendants).

Supreme Court of Wyoming.

Rehearing Denied October 8, 1980.

Attorney(s) appearing for the Case

E. George Rudolph, Laramie, filed an amicus curiae brief in support of appellant's position.

Michael W. McCall of Borthwick & McCall, Cheyenne, filed an amicus curiae brief on behalf of the Wyoming Ass'n of Municipalities in support of appellees' position.

Michael M. Hoch, Laramie, signed the briefs and appeared in oral argument on behalf of appellant.

Thomas S. Smith, Laramie, signed the brief and appeared in oral argument on behalf of appellees.

Before RAPER, C.J., and McCLINTOCK, THOMAS, ROSE and ROONEY, JJ.

ROONEY, Justice.

This action was instituted by appellant and eight residents of the City of Laramie for a declaratory judgment, and injunction and similar relief designed to prevent appellee-municipal corporation1 from implementing and continuing a procedure whereby receipts from an increase in water user rates would be used to finance a "lease" of a ranch now owned by Monolith Portland Cement Company (hereinafter referred to

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