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HIRSCHFIELD v. BOARD OF COUNTY COM'RS

No. 96-203.

944 P.2d 1139 (1997)

Alan J. HIRSCHFIELD; Berte E. Hirschfield; Margaret K. Jones; Doyen McIntosh; Robert MacLean; Mary Anna MacLean; Lester S. Morse, Jr.; Enid W. Morse; Richard P. Morse; Stanley Seidler; Pike A. Sullivan; Susan W. Sullivan; Richard Vaughn; Mary M. Vaughn; William Wilson III; and Pat Wilson, Appellants (Plaintiffs), v. BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF TETON, a political subdivision of the State of Wyoming; and Thomas M. Falcey, Chapter 11 trustee of the estate of Rivermeadows Associates, Ltd., a California limited partnership, Appellees (Defendants).

Supreme Court of Wyoming.

September 11, 1997.

Attorney(s) appearing for the Case

William P. Schwartz and Timothy C. Day of Ranck, Schwartz & Day, LLC, Jackson, for Appellants.

Donn J. McCall and Jon B. Huss of Brown, Drew, Massey & Sullivan, Casper, for Appellee Thomas M. Falcey, Chapter 11 Trustee of the Estate of Rivermeadows Associates, Ltd.

Before TAYLOR, C.J., and THOMAS, MACY, GOLDEN and LEHMAN, JJ.

GOLDEN, Justice.

Appellants are adjoining property owners (homeowners) seeking a declaratory judgment that appellees, the Board of County Commissioners of Teton County (Board), rejected Rivermeadows Associates, Ltd. (Rivermeadows) concept plan for a proposed subdivision when its vote ended in a tie, and the Board acted beyond its authority in voting again on the matter and unanimously approving it. The district court ruled the Board's regulations permitted it to vote...

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