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SWIFT v. SUBLETTE COUNTY BOARD OF COUNTY COMMISSIONERS

No. 01-44.

40 P.3d 1235 (2002)

2002 WY 32

Sara T. SWIFT, an individual; and Circle Nine Ranch, Inc., a Wyoming corporation, Appellant (Petitioner), v. SUBLETTE COUNTY BOARD OF COUNTY COMMISSIONERS, Appellee (Respondent).

Supreme Court of Wyoming.

February 25, 2002.

Attorney(s) appearing for the Case

Phelps H. Swift Jr. of Mullikin, Larson & Swift, LLC, Jackson, WY, Representing Appellant. Argument by Mr. Swift.

William H. Twichell, Deputy County Attorney for Sublette County, Pinedale, WY, Representing Appellee. Argument by Mr. Twichell.

Before LEHMAN, C.J., and GOLDEN, HILL, KITE, and VOIGT, JJ.

HILL, Justice.

[¶ 1] The critical question in this zoning dispute is whether a concrete batch plant is an "associated extraction" activity in connection with a gravel pit operation. We conclude that it is not and reverse the decision of the Sublette County Board of County Commissioners granting a conditional use permit for the operation of a concrete batch plant within a zoned agricultural district.

ISSUES

[¶ 2] Sara T. Swift and Circle...

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