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DIRECTOR, OFFICE OF STATE LANDS v. MERBANCO

Nos. 01-261, 02-18.

70 P.3d 241 (2003)

2003 WY 73

DIRECTOR OF the OFFICE OF STATE LANDS & INVESTMENTS, Board of Land Commissioners, Petitioners, v. MERBANCO, INC., an Ohio Merchant Banking Company; Christopher A. Johnston, as a citizen of Wyoming; Christopher A. Johnston, as the natural parent and legal guardian of Ian Oliver Johnston, Paige Kanary Johnston, and Ryan Christopher Johnston; and Wyoming Education Association, a nonprofit Wyoming corporation, Respondents. In the Matter of the Teton Village School Section (Section 36, T42N, R117W): Merbanco, Inc., an Ohio Merchant Banking Company; Christopher A. Johnston, as a citizen of Wyoming; and Christopher A. Johnston, as the natural parent and legal guardian of Ian Oliver Johnston, Paige Kanary Johnston, and Ryan Christopher Johnston, Appellants (Plaintiffs), and Wyoming Education Association, a nonprofit Wyoming corporation, Appellant (Intervening Plaintiff), v. Director of the Office of State Lands & Investments, Board of Land Commissioners, and Snake River Associates, Appellees (Defendants).

Supreme Court of Wyoming.

Rehearing Denied July 10, 2003.

Attorney(s) appearing for the Case

Hoke MacMillan, Attorney General; Michael L. Hubbard, Deputy Attorney General; and Nancy E. Vehr, Assistant Attorney General, Representing Office of State Lands & Investments and Board of Land Commissioners.

Rosemary J. Beless, Douglas B. Cannon, and Robert A. Garda, Jr. of Fabian & Clendenin, Salt Lake City, Utah; and Katherine Mead of Mead & Mead, Jackson, Wyoming, Representing Merbanco and the Johnstons.

William P. Schwartz of Ranck, Schwartz & Day, LLC, Jackson, Wyoming; and William J. Thomson, II and Randall B. Reed of Dray, Thomson & Dyekman, P.C., Cheyenne, Wyoming, Representing Snake River Associates.

Patrick E. Hacker and Gregory P. Hacker of Patrick E. Hacker, P.C., Cheyenne, Wyoming, Representing Wyoming Education Association.

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

KITE, Justice.

[¶ 1] Merbanco, Inc., Christopher Johnston and his children, and the Wyoming Education Association (WEA) (referred to hereinafter as "challengers") seek a declaration that the Wyoming Constitution prohibits the exchange of state school lands without public auction and, consequently, the statutes and administrative rules which authorize such exchanges are void as unconstitutional. Case No. 01-261 came to us on a petition for a writ of review, which...

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