Ahrenholtz v. LARAMIE ECONOMIC DEVELOPMENT CORPORATION, 02-165.

• Decision Date: 23 December 2003
• Docket Number: No. 02-165.,02-165.
• Citation: 82 P.3d 714,2003 WY 149
• Parties: John D. AHRENHOLTZ and Pam D. Ahrenholtz; Ahrenholtz Masonry, Inc.; and Point North LLC, Appellants (Plaintiffs), v. LARAMIE ECONOMIC DEVELOPMENT CORPORATION, a Wyoming non-profit corporation; Robert J. "Joel" Coffey; and Robert Boysen, Appellees (Defendants).
• Court: Wyoming Supreme Court

82 P.3d 714

2003 WY 149

John D. AHRENHOLTZ and Pam D. Ahrenholtz; Ahrenholtz Masonry, Inc.; and Point North LLC, Appellants (Plaintiffs), v. LARAMIE ECONOMIC DEVELOPMENT CORPORATION, a Wyoming non-profit corporation; Robert J. "Joel" Coffey; and Robert Boysen, Appellees (Defendants).

No. 02-165.

Supreme Court of Wyoming.

December 23, 2003.

Representing Appellants: John E. Stanfield of Laramie, Wyoming, and Walter Urbigkit of Cheyenne, Wyoming. Argument by Messrs. Stanfield and Urbigkit.

Representing Appellees: Philip A. Nicholas of Anthony, Nicholas, Tangeman & Yates, LLC, Laramie, Wyoming, for appellees Laramie Economic Development Corporation and Robert Boysen; and Mason F. Skiles and Joseph A. Rodriguez of Skiles & Rodriguez, LLC, Laramie, Wyoming, for appellee Robert J. "Joel" Coffey. Argument by Messrs. Skiles and Nicholas.

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

HILL, Chief Justice.

ORDER GRANTING, IN PART, REHEARING

AND

ORDER REGARDING PUBLICATION OF OPINION ON REHEARING

This matter came before the Court upon "Appellees' LEDC and Boysen's Petition for Rehearing," filed herein December 4, 2003, and a "Petition for Rehearing," filed herein December 4, 2003, by appellee Robert J. "Joel" Coffey. The Court, having examined the files and record of the Court and having considered carefully the points raised in the briefs filed in support of the petitions for rehearing, finds that rehearing should be granted for the following limited purpose. This Court acknowledges that its original opinion should have specifically applied the Restatement (Second) of Torts, § 766B(1979). Nevertheless, this Court finds that, after careful study of this matter under the noted Restatement, the result in this case should not change. Under the circumstances, the Court finds it appropriate to issue an opinion on rehearing that will amend and modify the original opinion in this matter. In so doing, the Court finds it unnecessary to require further briefing or oral argument. In addition, the Court rejects the remaining contentions contained in the petitions for rehearing. It, therefore, is

ORDERED that rehearing is granted in this matter, to the extent noted above; and it is further

ORDERED that an opinion on rehearing, which will amend and modify the original opinion in this matter and which will issue following entry of this order, will serve as the Court's final decision in this matter; and it is further

ORDERED that the opinion on rehearing shall be denoted as opinion number 2003 WY 149A, consistent with this Court's "Order Adopting a Public Domain or Neutral-Format Citation," entered October 2, 2000; and it is further

ORDERED that, with the exception of those matters noted above and addressed in the opinion on rehearing, the petitions for rehearing shall be, and hereby are, denied; and it is further

ORDERED that no further oral argument or briefing will be allowed.

[¶ 1] This matter is before the Court on the defendants' petitions for rehearing in Ahrenholtz v. Laramie Economic Development Corporation, 2003 WY 149, 79 P.3d 511 (Wyo.2003). We have granted the petitions for the limited purpose of substituting the following in place of ¶ 17 in the original opinion:

[¶ 17] The

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