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RIVER SPRINGS LIMITED LIABILITY COMPANY v. COUNTY COM'RS OF TETON

Nos. 94-23, 94-38.

899 P.2d 1329 (1995)

RIVER SPRINGS LIMITED LIABILITY COMPANY, a Wyoming limited liability company, Appellant, (Plaintiff), v. BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF TETON, in their capacity as officers of Teton County, a political subdivision of the State of Wyoming, Appellee (Defendant). BECHO, INC.; and Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, a Utah corporation sole, Appellants (Petitioners), v. BOARD OF COUNTY COMMISSIONERS OF TETON COUNTY, Wyoming, Appellee (Respondent).

Supreme Court of Wyoming.

Rehearing Denied August 16, 1995.

Attorney(s) appearing for the Case

William P. Schwartz, Ranck & Schwartz, Jackson, for appellant River Springs Ltd. Liability Co.

Stephen R. Duerr, John L. Gallinger, and Marilyn S. Kite, Holland & Hart, Jackson, for appellants Becho, Inc. and Corp. of the Presiding Bishop of The Church of Jesus Christ of Latter-Day Saints.

Paul O. Vaughn, Teton County Deputy County Atty., Jackson, and Philip White, Jr., Laramie, for appellee Bd. of County Com'rs of Teton County.

Joseph B. Meyer, Atty. Gen.; Mary B. Guthrie, Deputy Atty. Gen.; Larry A. Bobbitt, Sr. Asst. Atty. Gen.; Thomas A. Roan, Sr. Asst. Atty. Gen.; and Mary A. Throne, Asst. Atty. Gen., for amicus curiae State of Wyoming.

Before GOLDEN, C.J., and THOMAS, MACY, TAYLOR and LEHMAN, JJ.

THOMAS, Justice.

These consolidated cases require us to revisit the definition of minerals in the context of the language in WYO.STAT. § 18-5-201 (1977), which limits the zoning authority of a board of county commissioners so it cannot "prevent any use or occupancy reasonably necessary to the extraction or production of the mineral resources in or under any lands subject thereto." The cases come before us by virtue of questions certified to this court pursuant...

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