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CITY OF EVANSTON v. GRIFFITH

No. 85-103.

715 P.2d 1381 (1986)

CITY OF EVANSTON, Wyoming, a municipal corporation; Town of Lyman, Wyoming, a municipal corporation; Town of Mountain View, Wyoming, a municipal corporation; and Uinta County, Wyoming, a body politic; and State of Wyoming ex rel., City of Evanston, Wyoming, a municipal corporation; Town of Lyman, Wyoming, a municipal corporation; Town of Mountain View, Wyoming, a municipal corporation; and Uinta County, Wyoming, a body politic, Petitioners/Relators and Plaintiffs, v. James B. GRIFFITH, Auditor of the State of Wyoming and Stan Smith, Treasurer of the State of Wyoming, Respondents/Defendants.

Supreme Court of Wyoming.

March 21, 1986.

Attorney(s) appearing for the Case

Mark W. Harris, Evanston (argued), for City of Evanston.

Thomas F. Mealey, Evanston, for Town of Lyman.

Bruce R. Barnard, Evanston, for Town of Mountain View, and Larry M. Donovan, Evanston, for Uinta County.

A.G. McClintock, Atty. Gen., Peter J. Mulvaney, Deputy Atty. Gen., and Mary B. Guthrie, Senior Asst. Atty. Gen. (argued), for respondents/defendants.

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

CARDINE, Justice.

This case was certified to this court from the district court pursuant to Rule 12.09, W.R.A.P. It involves a decision by the state auditor and treasurer to withhold impact assistance funds from the City of Evanston. We must decide whether those funds must be paid under §§ 39-6-411(c) and 39-6-512(d), W.S. 1977 (May 1985 Replacement) even though the industrial facility to which the funds relate did not receive a permit until after construction...

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