Lancto v. City of Rawlins, No. 94-209

CourtUnited States State Supreme Court of Wyoming
Writing for the CourtBefore GOLDEN; MACY
Citation892 P.2d 800
Docket NumberNo. 94-209
Decision Date04 April 1995
Parties130 Lab.Cas. P 57,924 Robin LANCTO, Appellant (Plaintiff), v. CITY OF RAWLINS, a Municipal Corporation, Appellee (Defendant).

Page 800

892 P.2d 800
130 Lab.Cas. P 57,924
Robin LANCTO, Appellant (Plaintiff),
v.
CITY OF RAWLINS, a Municipal Corporation, Appellee (Defendant).
No. 94-209.
Supreme Court of Wyoming.
April 4, 1995.

Page 801

Juan Leo DeHerrera, Rawlins, representing appellant.

Kurt Kelly and Thomas A. Thompson of Williams, Kelly & Waldrip, Rawlins, representing appellee.

Before GOLDEN, C.J., THOMAS, MACY and TAYLOR, JJ., and KAIL, D.J. (Retired).

MACY, Justice.

Appellant Robin Lancto appeals from the district court's order which granted a summary judgment in favor of Appellee City of Rawlins.

We affirm.

Issue

Lancto presents one issue on appeal:

Did the District Court err in refusing to follow the Wyoming Attorney General's Opinion and require a municipality to give employees up to 15 days of paid leave for National Guard training without requiring them to take earned vacation[?]

Page 802

Facts

Lancto began his employment with the City in 1976 as a patrolman. In 1983, he enlisted in the Army National Guard of the State of Wyoming, and each summer since 1984 he has attended a two-week national guard training session. During each of the training sessions, Lancto received his regular pay from the City since he had used a portion of his annual leave, plus he received a salary from the national guard.

Prior to 1989, the PERSONNEL POLICIES FOR THE CITY OF RAWLINS, WYOMING, allowed members of the national guard to take military leaves of absence without pay for up to fifteen days per calendar year and did not require that the time be charged against the employee's accrued annual leave. In 1989, the City amended its PERSONNEL POLICIES by adding that, when the "pay by the City for the same period is greater than actual military pay, the City will pay the difference so there is no loss in pay for the period of fifteen (15) calendar days or less."

On December 7, 1993, Lancto filed a governmental claim with the City, seeking monetary compensation for the time he had spent attending the national guard training sessions from 1984 through 1993. The City denied his claim, and Lancto filed a lawsuit against the City. Lancto alleged that, under WYO.STAT. § 19-2-504(a) (1977), he should have been allowed to take fifteen days of paid military leave each year without having to use his annual leave. Each party filed a motion for a summary judgment. The parties stipulated that the district judge's ruling on the motions for a summary judgment would be limited to interpreting § 19-2-504(a) as it applied to the facts of this case. After the district court held a hearing on the parties' motions, it granted the City's motion for a summary judgment and denied Lancto's motion for a summary judgment. Lancto appealed.

Discussion

A district court should grant a summary judgment only " 'when no genuine issue of material fact exists and when the prevailing party is entitled to have a judgment as a matter of law.' " Halpern v. Wheeldon, 890 P.2d 562, 564...

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10 practice notes
  • Fontaine v. Board of County Com'rs of Park County, No. 99-68.
    • United States
    • United States State Supreme Court of Wyoming
    • April 11, 2000
    ...(quoting State Department of Revenue and Taxation v. Pacificorp, 872 P.2d 1163, 1166 (Wyo. 1994), and quoting Lancto v. City of Rawlins, 892 P.2d 800, 802-03 (Wyo.1995), respectively) (citations Felix v. State ex rel. Wyoming Workers' Safety and Compensation Div., 986 P.2d 161, 163 (Wyo.199......
  • Steele v. Neeman, No. 99-283.
    • United States
    • United States State Supreme Court of Wyoming
    • June 7, 2000
    ...(Wyo.1997) (quoting State Department of Revenue and Taxation v. Pacificorp, 872 P.2d 1163, 1166 (Wyo.1994) and Lancto v. City of Rawlins, 892 P.2d 800, 802-03 Basin Electric Power Co-Op. v. Bowen, 979 P.2d 503, 506 (Wyo.1999). In child custody proceedings, the determination of whether to ex......
  • Newton v. State ex rel. Wyoming Workers' Compensation Div., No. 95-182
    • United States
    • United States State Supreme Court of Wyoming
    • August 23, 1996
    ...effect to the plain language of the statute and should not resort to the rules of statutory construction." Lancto v. City of Rawlins, 892 P.2d 800, 802-03 (Wyo.1995). If, on the other hand, the Court determines that a statute is ambiguous, it may use extrinsic aids of statutory interpr......
  • IN RE CLAIM OF FELIX, No. 98-174.
    • United States
    • United States State Supreme Court of Wyoming
    • July 27, 1999
    ...(quoting State Department of Revenue and Taxation v. Pacificorp, 872 P.2d 1163, 1166 (Wyo.1994), and quoting Lancto v. City of Rawlins, 892 P.2d 800, 802-03 (Wyo.1995), respectively) (citations A statute is ambiguous if it is subject to varying interpretations. It is "unambiguous if it......
  • Request a trial to view additional results
10 cases
  • Fontaine v. Board of County Com'rs of Park County, No. 99-68.
    • United States
    • United States State Supreme Court of Wyoming
    • April 11, 2000
    ...(quoting State Department of Revenue and Taxation v. Pacificorp, 872 P.2d 1163, 1166 (Wyo. 1994), and quoting Lancto v. City of Rawlins, 892 P.2d 800, 802-03 (Wyo.1995), respectively) (citations Felix v. State ex rel. Wyoming Workers' Safety and Compensation Div., 986 P.2d 161, 163 (Wyo.199......
  • Steele v. Neeman, No. 99-283.
    • United States
    • United States State Supreme Court of Wyoming
    • June 7, 2000
    ...(Wyo.1997) (quoting State Department of Revenue and Taxation v. Pacificorp, 872 P.2d 1163, 1166 (Wyo.1994) and Lancto v. City of Rawlins, 892 P.2d 800, 802-03 Basin Electric Power Co-Op. v. Bowen, 979 P.2d 503, 506 (Wyo.1999). In child custody proceedings, the determination of whether to ex......
  • Newton v. State ex rel. Wyoming Workers' Compensation Div., No. 95-182
    • United States
    • United States State Supreme Court of Wyoming
    • August 23, 1996
    ...effect to the plain language of the statute and should not resort to the rules of statutory construction." Lancto v. City of Rawlins, 892 P.2d 800, 802-03 (Wyo.1995). If, on the other hand, the Court determines that a statute is ambiguous, it may use extrinsic aids of statutory interpr......
  • IN RE CLAIM OF FELIX, No. 98-174.
    • United States
    • United States State Supreme Court of Wyoming
    • July 27, 1999
    ...(quoting State Department of Revenue and Taxation v. Pacificorp, 872 P.2d 1163, 1166 (Wyo.1994), and quoting Lancto v. City of Rawlins, 892 P.2d 800, 802-03 (Wyo.1995), respectively) (citations A statute is ambiguous if it is subject to varying interpretations. It is "unambiguous if it......
  • Request a trial to view additional results

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