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LAMAR v. LARRY AND VICKIE NICHOLLS

No. S-08-0188.

213 P.3d 641 (2009)

2009 WY 96

LAMAR ADVERTISING, a South Dakota corporation, authorized to do business in Wyoming, Appellant (Defendant), v. LARRY AND VICKIE NICHOLLS, L.L.C., a Wyoming limited liability company, Appellee (Plaintiff).

Supreme Court of Wyoming.

August 11, 2009.

Attorney(s) appearing for the Case

Representing Appellant: Timothy M. Stubson and Orintha E. Karns of Brown, Drew & Massey, LLP, Casper, Wyoming. Argument by Ms. Karns.

Representing Appellee: Frank R. Chapman of Chapman Valdez, Casper, Wyoming.

Before VOIGT, C.J., and GOLDEN, HILL, KITE, and BURKE, JJ.

KITE, Justice.

[¶ 1] Lamar Advertising (Lamar) appeals from the district court's order granting summary judgment in favor of Larry and Vickie Nicholls, LLC (Nicholls). The district court ruled that a lease allowing Lamar to maintain a billboard on Nicholls' property was void as an unreasonable restraint on alienation. We conclude that the district court applied the wrong legal test when it considered the reasonableness of the restraint. The correct test requires...

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