Mealey v. City of Laramie, 12
| Decision Date | 11 June 1971 |
| Docket Number | No. 12,No. 3984,12,3984 |
| Parties | Catherine MEALEY, individually, and on behalf of herself and all other property owners in improvement Districtwho having filed protests with the City Council are similarly situated, Appellant (Plaintiff below), v. The CITY OF LARAMIE, Wyoming, et al., Appellees (Defendants below). |
| Court | Wyoming Supreme Court |
Weston W. Reeves, of Graves, Smyth & Reeves, Cheyenne, for appellant.
Dean W. Borthwick, Cheyenne, and Thomas S. Smith, Laramie, for appellees.
Before McINTYRE, C. J., and PARKER, McEWAN, and GRAY, JJ.
Plaintiff's action attacking the legality of the creation of a local improvement district by the City of Laramie consisting of the 'downtown' area was previously here on an appeal from the granting of a summary judgment by the trial court on motion of the city. In disposing of the appeal in Mealey v. City of Laramie, Wyo., 472 P.2d 787, it was held that the trial court erred in granting a summary judgment on the issue raised by plaintiff that the city council was arbitrary or capricious in determining 'the salvaging of the existing concrete base of the paving in most of the streets involved was uneconomical and lacked 'engineering feasibility. " The basis for the holding was that the views of the expert engineers on such factual issue were divergent and could not be resolved without the taking of testimony. For such reason the summary judgment was reversed and the case remanded for further proceedings consistent with the opinion. In keeping therewith the trial court first required defendants to file an answer and thereafter set the matter for trial; advised counsel at the opening of the trial that it would be limited to the paving issue; received testimony and documentary evidence adduced by the parties on the issue; found generally that the city council was not arbitrary or capricious in its determination not to salvage the concrete base; and entered judgment against the plaintiff and for the defendants.
Plaintiff has appealed and with respect to the trial court's findings and judgment makes this rather novel contention:
'THE EVIDENCE INDICATES THAT THE ACTION OF THE CITY COUNCIL IN DETERMINING THAT THE CONCRETE BASE OF THE STREETS SHOULD BE REMOVED WAS ARBITRARY AS A MATTER OF LAW.'
It is thus difficult to determine just wherein plaintiff claims that the trial court erred, but apparently it is not claimed that the finding was not supported by substantial evidence. If that was the intention, it is without merit. Without undertaking to analyze all of the evidence pertinent to the question, it is our view that the record discloses ample evidence to sustain the finding of the trial court. With respect to the contention that the determination of the city council was arbitrary as a matter of law, it is not supported by cogent argument or authority and...
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