HCCD. v. STATE EX REL. WYOMING ATTY. GEN.

No. S-08-0200.

221 P.3d 306 (2009)

2009 WY 143

HORSE CREEK CONSERVATION DISTRICT, a Wyoming Irrigation District; and Phase 23, LLC, a Wyoming Limited Liability Company, Appellants (Defendants), v. STATE of Wyoming, ex rel., the WYOMING ATTORNEY GENERAL, Appellee (Plaintiff).

Supreme Court of Wyoming.

November 23, 2009.


Attorney(s) appearing for the Case

Representing Appellants: Curtis B. Buchhammer, Buchhammer & Kehl, PC, Cheyenne, Wyoming.

Representing Appellee: Bruce A. Salzburg, Attorney General; Michael L. Hubbard, Deputy Attorney General; Ryan T. Schelhaas, Senior Assistant Attorney General; Brandi Lee Monger, Assistant Attorney General. Argument by Mr. Schelhaas.

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


BURKE, Justice.

[¶ 1] The district court granted summary judgment in favor of the State of Wyoming ruling that, pursuant to an agreement between Horse Creek Conservation District (HCCD) and the State, the public has a perpetual right of recreational use access to HCCD property adjacent to the Hawk Springs Reservoir. On appeal, appellants claim that the district court committed a host of legal errors in arriving at its decision. We will affirm the district court...

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