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UPTOWN CAFÉ, INC. v. TOWN OF GREYBULL

No. S-09-0032.

231 P.3d 257 (2010)

2010 WY 58

UPTOWN CAFÉ, INC., a Wyoming Corporation, d/b/a Uptown Café, Appellant (Plaintiff), v. TOWN OF GREYBULL, Appellee (Defendant).

Supreme Court of Wyoming.

May 7, 2010.

Attorney(s) appearing for the Case

Representing Appellant: G. Mark Garrison of Garrison & Krisjansons, P.C., Cody, Wyoming.

Representing Appellee: Larry B. Jones and William L. Simpson of Simpson, Kepler & Edwards, LLC, The Cody, Wyoming division of Burg Simpson Eldredge Hersh and Jardine, P.C. Argument by Mr. Jones.

Prior report: Wyo.Dist., 2009 WL 6311435.

GOLDEN, Justice.

[¶ 1] In May 2007, Appellant, Uptown Café, Inc. (Uptown Café), filed a complaint, pursuant to the Wyoming Governmental Claims Act, seeking to recover damages allegedly caused by a leaking sewer line owned and operated by Appellee, Town of Greybull. The district court determined that the complaint was not timely filed within the one-year statute of limitations period prescribed by Wyo. Stat. Ann. § 1-39-114 (LexisNexis 2009), and...

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