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SUBLETTE SCH. DIST. NUMBER NINE v. McBRIDE

No. S-08-0073.

198 P.3d 1079 (2008)

2008 WY 152

SUBLETTE COUNTY SCHOOL DISTRICT NUMBER NINE, State of Wyoming and Sublette County School District Number One, State of Wyoming, Appellants (Plaintiffs), and Campbell County School District Number One, State of Wyoming; Fremont County School District No. 24, State of Wyoming; and Lincoln County School District Number One, State of Wyoming, Appellants (Intervening Plaintiffs), v. Jim McBRIDE, State Superintendent of Public Instruction, in his official capacity, Appellee (Defendant).

Supreme Court of Wyoming.

December 19, 2008.

Attorney(s) appearing for the Case

Representing Appellants: Mark W. Gifford and Kelley A. Anderson of Law Offices of Gifford & Brinkerhoff, Casper, Wyoming, for Appellant Sublette County School District Number One; Tracy J. Copenhaver of Copenhaver, Kath, Kitchen & Kolpitcke, LLC, Powell, Wyoming, for Appellant Sublette County School District Number Nine and Lincoln County School District Number One; Ford T. Bussart of Bussart, West & Tyler, P.C., Rock Springs, Wyoming, for Appellant Campbell County School District Number One; Joel M. Vincent of Vincent & Vincent, Riverton, Wyoming, for Appellant Fremont County School District No. 24. Argument by Messrs Bussart, Copenhaver and Gifford.

Representing Appellee: Bruce A. Salzburg, Wyoming Attorney General; Michael R. O'Donnell, State's School Finance Counsel, Special Assistant Attorney General. Argument by Mr. O'Donnell.

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

DONNELL, District Judge.

[¶ 1] Appellants, five Wyoming school districts, filed a declaratory judgment action questioning the continued constitutionality of Wyo. Stat. Ann. § 21-13-102(c) (LexisNexis Supp.2006), following an amendment to Wyoming Constitution, Article 15, Section 17 (the 2006 Amendment), passed during the 2006 General Election. More specifically, those districts seek a ruling that the 2006 Amendment authorized, but did not mandate, the Wyoming...

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