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EBZERY v. CITY OF SHERIDAN

No. 98-318.

982 P.2d 1251 (1999)

Patricia K. EBZERY, George Ewan, James F. Jackson, Theresa M. Jackson, Iris Madia, Kenneth Madia, Arland M. Wiberg, and Ruth A. Wiberg, Appellants (Petitioners), v. CITY OF SHERIDAN, Wyoming Board Of Adjustment, Bruce R. Elworthy and Ann Marshall, Appellee (Respondent).

Supreme Court of Wyoming.

Rehearing Denied July 20, 1999.

Attorney(s) appearing for the Case

Brian N. Beisher, Hart & Beisher, Sheridan, WY. Representing Appellants.

Stephen K. Gregersen, Sheridan City Attorney; Theodore E. Lauer, Director, Prosecution Assistance Program; and Carl S. McGuire III, Student Intern, Prosecution Assistance Program, Sheridan, WY., Representing Appellee City of Sheridan, Wyoming Board of Adjustment.

Bruce R. Elworthy, Elworthy & Marshall, Sheridan, WY., Representing Appellees Bruce R. Elworthy and Anne B. Marshall.

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

HILL, Justice.

Appellee Sheridan Board of Adjustment (the Board) granted a variance to Appellees, Bruce Elworthy and Anne Marshall (Owners), allowing the construction of a six-foot fence on two sides of Owners' property. Residents of Sheridan opposing the variance bring this appeal, claiming the Board's determination is not supported by substantial evidence. Finding no factual basis for the Board's conclusion that the variance granted is the minimum adjustment necessary...

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