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PARKER LAND & CATTLE CO. v. WYO. GAME & FISH COMMISSION

No. 91-147.

845 P.2d 1040 (1993)

PARKER LAND AND CATTLE COMPANY, Appellant (Petitioner), v. WYOMING GAME AND FISH COMMISSION, Appellee (Respondent).

Supreme Court of Wyoming.

Rehearing Denied February 24, 1993.

Attorney(s) appearing for the Case

Stanley K. Hathaway, Brent R. Kunz and Rebecca Hellbaum of Hathaway, Speight, Kunz, Trautwein & Barrett, Cheyenne, for appellant.

Joseph B. Meyer, Atty. Gen., Mary B. Guthrie, Ron Arnold, Sr. Asst. Attys. Gen., Cheyenne, for appellee.

William Perry Pendley and Todd S. Welch of Mountain States Legal Foundation, Denver, amici curiae of Mountain States Legal Foundation and Wyoming Stock Growers Ass'n.

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

GOLDEN, Justice.

This case presents a substantial evidence question and a narrow question of first impression: Whether the legislature in enacting Wyo.Stat. § 23-1-901 (July 1986),1 which permits a landowner to present a claim to the State Game and Fish Department (Department) for property damages caused by game animals, waived the state's sovereign immunity from a landowner's claim for...

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