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BENTLEY v. DIRECTOR OF OFFICE STATE LANDS

No. 06-131.

160 P.3d 1109 (2007)

2007 WY 94

James L. and Pamela H. BENTLEY, Appellants (Plaintiffs), v. DIRECTOR OF the OFFICE OF STATE LANDS AND INVESTMENTS; Lynne Boomgaarden, in her official capacity as Director of the Office of State Lands and Investments; Board of Land Commissioners; Governor Dave Freudenthal, Secretary of State Joseph B. Meyer, Auditor Max Maxfield, Treasurer Cynthia Lummis, and Superintendent of Public Instruction Jim McBride, in their official capacities as members of the Board of Land Commissioners; Wyoming Game and Fish Commission; Wyoming Game and Fish Department; and Terry Cleveland, in his official capacity as Director of the Wyoming Game and Fish Department, Appellees (Defendants).

Supreme Court of Wyoming.

June 8, 2007.

Attorney(s) appearing for the Case

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

Representing Appellees: Patrick J. Crank, Attorney General; Michael L. Hubbard, Deputy Attorney General; Bridget Hill, Assistant Attorney General; C. Levi Martin, Senior Assistant Attorney General; Susan K. Stipe, Senior Assistant Attorney General. Argument by Mr. Martin and Ms. Stipe.

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

BURKE, Justice.

[¶ 1] In 1992, the State Board of Land Commissioners ("Board") began contemplating a sale of school lands in Carbon County where the Dome Rock Reservoir is located. In response to public concern that sale of the land would prevent public use of the reservoir for fishing purposes, the Board approved an easement in favor of the Wyoming Game and Fish Commission in 1993. The land was subsequently advertised for public auction subject to the easement...

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