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JENKINS v. MILLER

No. S-07-0216.

180 P.3d 925 (2008)

2008 WY 45

John G. JENKINS and Carol Voigt Jenkins and Johnson County Ranch Improvement # 1, LLC, a Wyoming limited liability company, Appellants (Defendants), v. Gerry MILLER and Marie L. Miller, Trustees of the Gerry and Marie Miller Living Trust, dated September 27, 2004, and Miller Sand Creek Ranch, LLC, a Wyoming limited liability company, Appellees (Plaintiffs).

Supreme Court of Wyoming.

April 14, 2008.

Attorney(s) appearing for the Case

Representing Appellants: Kim D. Cannon and J. Mark Stewart of Davis & Cannon, Sheridan, Wyoming. Argument by Mr. Cannon.

Representing Appellees: Dennis M. Kirven and Benjamin S. Kirven of Kirven and Kirven, P.C., Buffalo, Wyoming. Argument by Dennis M. Kirven.

Before VOIGT, C.J., and GOLDEN, BURKE, JJ, and DONNELL, KAUTZ, D.JJ.

DONNELL, District Judge.

[¶ 1] Appellants, John G. Jenkins and Carol Voigt Jenkins ("Jenkins"), challenge the district court's grant of summary judgment in favor of Appellees, Gerry and Marie Miller ("Millers"), and sua sponte dismissal of Jenkins' counterclaim with respect to a private road easement. Millers had requested declaratory relief regarding an Easement Deed unilaterally recorded by Jenkins, the terms of which Millers disputed. Jenkins...

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