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TOWN OF WHEATLAND v. BELLIS FARMS, INC.

Nos. 89-180, 89-181.

806 P.2d 281 (1991)

The TOWN OF WHEATLAND, Appellant (Plaintiff), v. BELLIS FARMS, INC.; M.C. Short; Delmar H. Landen; Jean Landen; Allen L. Cook; Carol A. Cook; Thomas R. Burns; Barbara A. Burns; County of Platte, State of Wyoming; Jesse Jenkins; John Wilhelm; Janet Wilhelm; James Wilhelm; Cheryl Wilhelm; and Federal Land Bank of Omaha, Appellees (Defendants). BELLIS FARMS, INC.; M.C. Short; Allen L. Cook; Carol A. Cook; Jesse Jenkins; John Wilhelm; Janet Wilhelm; James Wilhelm; and Cheryl Wilhelm, Appellants (Defendants), v. The TOWN OF WHEATLAND, Appellee (Plaintiff).

Supreme Court of Wyoming.

February 19, 1991.

Attorney(s) appearing for the Case

Frank J. Jones, Douglas W. Weaver, Wheatland, for Town of Wheatland.

Kim D. Cannon and Anthony T. Wendtland, Sheridan, for Bellis Farms, Inc., et al.

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

GOLDEN, Justice.

In this eminent domain appeal, the principal issue is whether the district court correctly applied W.S. 1-26-504(a)(ii) of the "Wyoming Eminent Domain Act."1

The town of Wheatland decided to extend the runway of its local airport. The project required the town to acquire from several landowners acreage that was mostly irrigated and nonirrigated farmland. In August 1988, the town ended its attempt to negotiate a...

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