POLO RANCH CO. v. CITY OF CHEYENNE

No. 01-92.

61 P.3d 1255 (2003)

2003 WY 15

POLO RANCH COMPANY, and John N. Morris and Norma B. Morris, Appellants (Plaintiffs), v. CITY OF CHEYENNE, Board of Public Utilities, Appellee (Defendant).

Supreme Court of Wyoming.

January 30, 2003.


Attorney(s) appearing for the Case

Henry F. Bailey, Jr. of Bailey, Stock and Harmon, P.C.; and Steven F. Freudenthal of Herschler, Freudenthal, Salzburg & Bonds, Cheyenne, WY, Representing Appellants. Argument by Mr. Bailey.

J. Kent Rutledge and James C. Kaste of Lathrop & Rutledge, P.C.; and Matthew H. Romsa of Romsa Law Office, P.C., Cheyenne, WY, Representing Appellee. Argument by Mr. Rutledge.

Before HILL, C.J., and GOLDEN, LEHMAN, and KITE, JJ., and ROGERS, D.J.


LEHMAN, Justice.

[¶ 1] This is an appeal from the partial entry of summary judgment by the district court ruling 1) that appellants Polo Ranch Company, John N. Morris, and Norma B. Morris (collectively "PRC"), do not have any right to drill for subsurface water on the lands subject to a 1955 agreement ("Agreement") entered into between John H. Bell ("Bell"),1 predecessor to PRC, and appellee City of Cheyenne Board of Public Utilities...

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