Dickerson v. City Council of City of Buffalo, No. 4883

CourtUnited States State Supreme Court of Wyoming
Writing for the CourtBefore GUTHRIE; ROSE
Citation582 P.2d 80
Docket NumberNo. 4883
Decision Date28 July 1978
PartiesDugal DICKERSON, Domingo Goyhenex, Lavern Kinnison, Donald Pickering, Donald Scantling, and Dan Hanson, Appellants (Plaintiffs below), v. The CITY COUNCIL OF the CITY OF BUFFALO, Wyoming, the Board of County Commissioners of the County of Johnson, and the Joint Powers Board of Johnson County, Wyoming, and Buffalo, Wyoming, Appellees (Defendants below).

Page 80

582 P.2d 80
Dugal DICKERSON, Domingo Goyhenex, Lavern Kinnison, Donald Pickering, Donald Scantling, and Dan Hanson, Appellants (Plaintiffs below),
v.
The CITY COUNCIL OF the CITY OF BUFFALO, Wyoming, the Board of County Commissioners of the County of Johnson, and the Joint Powers Board of Johnson County, Wyoming, and Buffalo, Wyoming, Appellees (Defendants below).
No. 4883.
Supreme Court of Wyoming.
July 28, 1978.

William K. Archibald, of Holstedt & Archibald, Sheridan, for appellants.

Page 81

Greg L. Goddard, Buffalo, for Board of County Commissioners of Johnson County and Joint Powers Board, appellees.

Dennis M. Kirven, of Kirven & Kirven, Buffalo, for City Council of Buffalo and Joint Powers Board, appellees.

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

ROSE, Justice.

NATURE OF THE CASE

The appellants, plaintiffs below, are Dugal Dickerson, Domingo Goyhenex, Lavern Kinnison, Donald Pickering, Donald Scantling, and Dan Hanson, who sue in their capacities as taxpayers and residents of Johnson County, Wyoming. The appellees, defendants below, are The City Council of the City of Buffalo, Wyoming, The Board of County Commissioners of the County of Johnson, and The Joint Powers Board of Johnson County, Wyoming and Buffalo, Wyoming.

In this action, appellants filed a complaint praying for an order of the court which would declare

(1) an intergovernmental agreement between the Town of the City of Buffalo, Wyoming, and County of Johnson, State of Wyoming, dated November 5, 1975, to be void;

(2) The Buffalo-Johnson Joint Powers Board is illegally constituted and the officers thereof are holding their offices illegally; and

(3) The City of Buffalo, Wyoming, and County of Johnson, State of Wyoming, will re-establish the Buffalo-Johnson Joint Powers Board in accordance with statutory requirements.

The appeal comes here from an order granting defendants'-appellees' motion to dismiss, which, under Rule 12(b), W.R.C.P., was treated as a motion for summary judgment.

FACTS

The document concerning which appellants lodge their grievance is an Intergovernmental Agreement dated November 5, 1975, entered into by the Town of the City of Buffalo, Wyoming, and the County of Johnson, State of Wyoming, which contract provides for the creation of a Joint Powers Board pursuant to § 9-1-133, W.S.1977 (§ 9-18.17, W.S.1957, 1975 Cum.Supp.). The further purpose of the writing is to provide for the construction, maintenance and operation of a criminal justice building. The Agreement was timely signed by both the city and county approved by the Office of the Attorney General filed with the Secretary of State, and recorded in the office of the County Clerk of Johnson County, Wyoming.

Pursuant to the Agreement, the Joint Powers Board was formed with membership consisting of the Mayor of the City of Buffalo, the Chairman of the Board of County Commissioners of Johnson County, and one member of the Buffalo City Council appointed by the Mayor with the approval of the City Council, together with one member of the Board of County Commissioners appointed by the Chairman with approval of the Board. The fifth member of the Joint Powers Board was selected by the above-named members of the Board with the approval of the governing body of the City of Buffalo and the Board of County Commissioners of Johnson County. Appellants charge this formation of the Board is in violation of § 9-1-133(a), W.S.1977 (§ 9-18-17(a), W.S.1957, 1975 Cum.Supp.). 1

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The reason the Board is illegally constituted and the members illegally holding office, say appellants, is because prohibited incompatibility results when the City Council and County Commissioners appoint their own members to the Joint Powers Board.

Once formed, the Board entered into agreements with respect to a Criminal Justice Building, yet...

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2 practice notes
  • First Nat. Bank of Worland v. Financial Institutions Bd., No. 5258
    • United States
    • United States State Supreme Court of Wyoming
    • September 15, 1980
    ...of Natrona County, Wyo., 489 P.2d 413 (1971), supplemented by 489 P.2d 1393 (1971); Dickerson v. City Council of City of Buffalo, Wyo., 582 P.2d 80 (1978). Appellants' challenge of the constituency of this Board cannot be made in the fashion here attempted. The actions taken by the Board, e......
  • Adkins v. Sky Blue, Inc., No. 84-154
    • United States
    • United States State Supreme Court of Wyoming
    • May 24, 1985
    ...action and all causes of action accruing after 30 days following the date of this decision. [Citations.]" Nehring v. Russell, supra, 582 P.2d at 80. In Washakie County School District No. One v. Herschler, Wyo., 606 P.2d 310, 340 (1980), when intending that our decision be given prospe......
2 cases
  • First Nat. Bank of Worland v. Financial Institutions Bd., No. 5258
    • United States
    • United States State Supreme Court of Wyoming
    • September 15, 1980
    ...of Natrona County, Wyo., 489 P.2d 413 (1971), supplemented by 489 P.2d 1393 (1971); Dickerson v. City Council of City of Buffalo, Wyo., 582 P.2d 80 (1978). Appellants' challenge of the constituency of this Board cannot be made in the fashion here attempted. The actions taken by the Board, e......
  • Adkins v. Sky Blue, Inc., No. 84-154
    • United States
    • United States State Supreme Court of Wyoming
    • May 24, 1985
    ...action and all causes of action accruing after 30 days following the date of this decision. [Citations.]" Nehring v. Russell, supra, 582 P.2d at 80. In Washakie County School District No. One v. Herschler, Wyo., 606 P.2d 310, 340 (1980), when intending that our decision be given prospe......

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