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SHERIDAN RET. PARTNERS v. CITY OF SHERIDAN

No. 96-226.

950 P.2d 554 (1997)

SHERIDAN RETIREMENT PARTNERS, a limited partnership, d/b/a, Sugarland Ridge, Appellant (Plaintiff), v. CITY OF SHERIDAN, Wyoming, Appellee (Defendant).

Supreme Court of Wyoming.

December 22, 1997.

Attorney(s) appearing for the Case

Fred R. Dollison and Rene Botten of Northern Wyoming Law Associates, Sheridan, for Appellant (Plaintiff).

Timothy S. Tarver, Sheridan, for Appellee (Defendant).

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

TAYLOR, Chief Justice.

Appellant, Sheridan Retirement Partners (Sheridan Partners), filed a declaratory judgment action claiming that appellee, City of Sheridan, improperly assessed plan investment fees for a retirement home project. The district court found that the lawsuit was actually a request for review of an agency action and, as such, was not timely filed within thirty days after notice of the final agency decision. Accordingly, the district court dismissed...

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