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NEEL v. CITY OF LARAMIE

No. 3982.

488 P.2d 1056 (1971)

William NEEL and Ray Herrmann, on behalf of themselves and all other taxpayers of the City of Laramie, State of Wyoming, Appellants (Plaintiffs below), v. The CITY OF LARAMIE, Wyoming, a municipal corporation, et al., Appellees (Defendants below).

Supreme Court of Wyoming.

October 1, 1971.

Attorney(s) appearing for the Case

Weston W. Reeves, of Graves, Smyth, & Reeves, Cheyenne, for appellants.

Thomas S. Smith, Laramie, for The City of Laramie.

Tom H. Barratt, Laramie, for B.D.P. Enterprises.

Alfred M. Pence, of Pence & Millett, Laramie, for Skaggs Drug Center, Inc.

Before McINTYRE, C.J., and PARKER, McEWAN and GRAY, JJ.

Chief Justice McINTYRE delivered the opinion of the Court.

In 1928 an 80-foot right of way was conveyed to the City of Laramie for a flood control channel. In 1966 the City dedicated the channel as Spring Creek Park in order to qualify for Federal funds for beautification. No beautification program was carried out.

Crossings over the channel are provided for some of the streets which are perpendicular to the channel but not for all of them. Prior to 1970,...

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