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SUNSHINE CUSTOM PAINTS & BODY, INC. v. SOUTH DOUGLAS HIGHWAY WATER & SEWER DISTRICT

No. S-07-0017.

173 P.3d 398 (2007)

2007 WY 206

SUNSHINE CUSTOM PAINTS & BODY, INC., a Wyoming corporation; Cyclone Drilling, Inc., a Wyoming corporation; and M & J Services, Inc., a Wyoming corporation, Appellants (Plaintiffs), v. SOUTH DOUGLAS HIGHWAY WATER & SEWER DISTRICT, a governmental unit of the State of Wyoming; and The City of Gillette, Wyoming, a Municipal Corporation and City of the First Class, Appellees (Defendants).

Supreme Court of Wyoming.

December 20, 2007.

Attorney(s) appearing for the Case

Representing Appellants: Tad T. Daly and Matthew R. Sorenson of Daly Law Associates, LLC, Gillette, Wyoming.

Representing Appellee South Douglas Highway Water & Sewer District: James L. Edwards of Stevens, Edwards, Hallock & Carpenter, P.C., Gillette, Wyoming.

Representing Appellee City of Gillette: Charles W. Anderson, Gillette City Attorney's Office; Judith Studer of Schwartz, Bon, Walker & Studer, LLC, Casper, Wyoming.

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

KITE, Justice.

[¶ 1] Sunshine Custom Paints & Body, Inc., Cyclone Drilling, Inc. (Cyclone), and M & J Services, Inc. (hereinafter referred to collectively as "the Landowners") appeal from the district court's order granting summary judgment in favor of South Douglas Highway Water & Sewer District (Sewer District) and the City of Gillette (the City) on their claim that the City did not have the right to construct a sewer trunk line beneath a road adjacent...

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