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JACKSON HOLE MOUNTAIN RESORT CORPORATION v. ALPENHOF LODGE ASSOCIATES

No. 04-142.

109 P.3d 555 (2005)

2005 WY 46

JACKSON HOLE MOUNTAIN RESORT CORPORATION, a Wyoming corporation, Appellant (Plaintiff), v. ALPENHOF LODGE ASSOCIATES, a California Limited Partnership, Appellee (Defendant).

Supreme Court of Wyoming.

April 14, 2005.

Attorney(s) appearing for the Case

Representing Appellant: Joe M. Teig and Paula A. Fleck of Holland & Hart, LLP, Jackson, Wyoming.

Representing Appellee: Gerald R. Mason and Douglas J. Mason of Mason & Mason, P.C., Pinedale, Wyoming.

Before HILL, C.J., and GOLDEN and VOIGT, JJ., and GRANT, D.J., and STEBNER, D.J. Ret.

VOIGT, Justice.

[¶ 1] This is an appeal from a declaratory judgment entered against the servient owner in an easement dispute. We affirm.

ISSUES

[¶ 2] We will restate the issues as follows:

1. Is the owner of land burdened by a defined-width easement prohibited from making temporary use of the land by Lamb v. Wyoming Game and Fish Com'n, 985 P.2d 433 (Wyo.1999)?

2. Does the...

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