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IN RE KITE RANCH, LLC

No. S-09-0203.

234 P.3d 351 (2010)

2010 WY 83

In the Matter of KITE RANCH, LLC, a Wyoming limited liability company. Powell Family of Yakima, LLC, a Washington limited liability company, Douglas Brickman, individually, and Douglas Brickman and Anne Brickman, husband and wife, and as joint tenants, Appellants (Defendants), v. Galen Dunmire and Rebecca Dunmire, husband and wife, as joint tenants and James Hedstrom and Donna Hedstrom, husband and wife, as joint tenants, Appellees (Plaintiffs).

Supreme Court of Wyoming.

June 24, 2010.

Attorney(s) appearing for the Case

Representing Appellants: F. Scott Peasley of Peasley Law Office, Douglas, Wyoming.

Representing Appellees Galen and Rebecca Dunmire: M. Gregory Weisz of Pence and MacMillan, LLC, Laramie, Wyoming.

Representing Appellees James and Donna Hedstrom: William H. Vines of Jones, Jones, Vines & Hunkins, Wheatland, Wyoming.

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

VOIGT, Chief Justice.

[¶ 1] This is an appeal from a district court order determining the ownership and management rights of the members of a limited liability company (the LLC). A secondary question has been presented as to whether the district court adjudicated issues that were not raised by the pleadings. We affirm in part and reverse in part.

ISSUES

[¶ 2] 1. Can a party be a member of a limited liability company without evidence of...

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