CITY OF EVANSTON v. ROBINSON

Nos. 84-86, 84-87.

702 P.2d 1283 (1985)

CITY OF EVANSTON, Wyoming, a Wyoming municipal corporation, Appellant (Defendant), Cities Service Company, a corporation; Amoco Production Company, a corporation; Mesa Petroleum Company, a corporation; and Burton/Hawks, Inc., a corporation; Rex L. Randolph; Steve C. Champlin; R. Downs Poindexter; Grady Vaughn; Albert Sklar; R.K. O'Connell; Rainbow Resources, Inc.; Terra Resources, Inc.; EMC Energies, Inc.; Frank L. Schulte; Horizon Oil & Gas Co.; William R. Dixon; Husky Oil Co.; First Interstate Bank of Casper, N.A.; Bill Hawks; Guy Burton, Jr.; Bill D. Farleigh; and Williams Exploration Company, (Defendants), v. George L. ROBINSON and Sarah J. Robinson, husband and wife; Kilburn Porter and Nellie Evaline Porter, husband and wife, Appellees (Plaintiffs). Burton/Hawks, Inc., a corporation; Rex L. Randolph; Steve C. Champlin; R. Downs Poindexter; Grady Vaughn; Albert Sklar; R.K. O'Connell; Rainbow Resources, Inc.; Terra Resources, Inc.; EMC Energies, Inc.; Frank L. Schulte; Horizon Oil & Gas Co.; William R. Dixon; Husky Oil Co.; First Interstate Bank of Casper, N.A.; Bill Hawks; Guy Burton, Jr.; Bill D. Farleigh; and Williams Exploration Company, Appellants (Defendants), CITY OF EVANSTON, Wyoming, a Wyoming municipal corporation; Cities Service Company, a corporation; Amoco Production Company, a corporation; Mesa Petroleum Company, a corporation, (Defendants), v. George L. ROBINSON and Sarah J. Robinson, husband and wife; Kilburn Porter and Nellie Evaline Porter, husband and wife, Appellees (Plaintiffs).

Supreme Court of Wyoming.

July 11, 1985.


Attorney(s) appearing for the Case

Dennis W. Lancaster of Phillips, Lancaster & Thomas, P.C., Evanston, for appellant in Case No. 84-86.

Houston G. Williams and Richard L. Williams of Williams, Porter, Day & Neville, P.C., Casper, for appellants in Case No. 84-87.

Charles D. Phillips, Evanston, Frank J. Allen, Salt Lake City, Utah, for appellees.

Before THOMAS, C.J., and ROSE, ROONEY, BROWN and CARDINE, JJ.


ROSE, Justice.

These appeals present a single issue for review:

"Does the City of Evanston have such right, title or interest in the streets and alleys of the City as will allow the City to grant a valid oil and gas lease covering the oil and gas underlying the streets and alleys?"

The case arose as a class action by property owners in Evanston, Wyoming, seeking a declaration of the rights to oil, gas and...

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