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WILSON v. BOARD OF COUNTY COM'RS

No. 05-213.

153 P.3d 917 (2007)

2007 WY 42

Philip and Freddie WILSON, Appellants (Plaintiffs), v. BOARD OF COUNTY COMMISSIONERS OF The COUNTY OF TETON, a political Subdivision of the State of Wyoming, Appellee (Defendant).

Supreme Court of Wyoming.

March 14, 2007.

Attorney(s) appearing for the Case

Representing Appellants: Karen Budd-Falen and Brandon L. Jensen of Budd-Falen Law Offices, LLC, Cheyenne, WY. Argument by Mr. Jensen.

Representing Appellee: James L. Radda, Deputy Teton County Attorney, Jackson, WY.

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

HILL, Justice.

[¶ 1] On May 7, 2004, Appellants, Phillip and Freddie Wilson (Wilsons), filed a declaratory judgment action seeking a declaration from the district court: (1) That Division 4300 of the Teton County Comprehensive Plan and Land Development Regulations (LDR or LDRs) (entitled "Open Space Standards"), which requires a developer to set aside open space within any proposed residential subdivision development is facially unconstitutional (as a taking...

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