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BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY v. ATTER

Nos. 86-107, 86-108.

734 P.2d 549 (1987)

The BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, Wyoming, a body corporate and politic, Appellant (Plaintiff), v. Warren D. ATTER and Geraldine Atter, and Atter Ranch Limited Partnership, Appellees (Defendants). Warren D. ATTER and Geraldine Atter, Appellants (Defendants), Atter Ranch Limited Partnership (Defendant), v. The BOARD OF COUNTY COMMISSIONERS OF JOHNSON COUNTY, Wyoming, a body corporate and politic, Appellee (Plaintiff).

Supreme Court of Wyoming.

March 23, 1987.

Attorney(s) appearing for the Case

Greg L. Goddard, Johnson County and Pros. Atty., Buffalo, for Bd. of County Com'rs.

Dennis M. Kirven of Kirven and Kirven, Buffalo, for Atters.

Before BROWN, C.J., and THOMAS, CARDINE, URBIGKIT and MACY, JJ.

CARDINE, Justice.

This is an eminent domain action. Appellant Board of County Commissioners of Johnson County appeals from the district court's order dismissing its complaint seeking condemnation of two parcels of land owned by appellees Warren and Geraldine Atter and Atter Ranch Limited Partnership.

Three issues are presented on appeal. The first, as stated by appellant, is whether the trial court improperly substituted its judgment for that of a legislative...

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