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REOH v. SUCHOR INVESTMENTS, INC.

No. 84-178.

699 P.2d 284 (1985)

Dennis REOH and Patricia J. Reoh, husband and wife; Michael D. Waddell and Cindy Waddell, husband and wife; Jerald A. Cox and Jacqueline K. Cox, husband and wife; Linda D. Brash and Linda D. Brash, as guardian for David Wayne Brash, a minor; and William E. Lewis, Appellants (Plaintiffs), v. SUCHOR INVESTMENTS, INC., Appellee (Defendant), Mark S. Green, d/b/a Greene Brothers Construction, Inc.; Larry F. Suchor; William James Suchor; Ron Ely and Patricia Y. Ely, d/b/a R & P Home Builders; Jimmy L. Wise, d/b/a Fireside Homes, Inc., (Defendants).

Supreme Court of Wyoming.

May 9, 1985.

Attorney(s) appearing for the Case

H.W. Rasmussen and Clay B. Jenkins of Badley and Rasmussen, P.C., Sheridan, for appellants (plaintiffs).

Jeffrey J. Gonda of Lonabaugh and Riggs, Sheridan; Franklin J. Wallahan of Wallahan Law Offices, Rapid City, S.D., for appellee (defendant).

Before THOMAS, C.J., ROSE, ROONEY and CARDINE, JJ., and RAPER, J., Retired.

ROSE, Justice.

This appeal concerns the standard of care imposed upon a developer who subdivides raw land into lots for residential housing. Appellants-homeowners contend that the developer breached its duty to purchasers in this case by recommending underground construction levels below those levels recommended in its soils report. The district court determined that the developer's conduct did not amount to a breach of the duty established by this court

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