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SMITH v. BD. OF COUNTY COM'RS OF PARK CTY.

No. S-12-0103.

291 P.3d 947 (2013)

2013 WY 3

Stephen SMITH and Audrey Smith, husband and wife, Appellants (Plaintiffs), v. BOARD OF COUNTY COMMISSIONERS OF PARK COUNTY, Wyoming, Appellee (Defendant).

Supreme Court of Wyoming.

January 9, 2013.

Attorney(s) appearing for the Case

Representing Appellants: S. Joseph Darrah of Darrah Law Office, P.C., Powell, 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.

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

VOIGT, Justice.

[¶ 1] The Smiths contend that an unlawful taking occurred when the Board of County Commissioners of Park County (the Board) declared the Smiths' private driveway to be part of a county road. Failing to obtain any relief through administrative proceedings, the Smiths sued the Board in district court, alleging claims of inverse condemnation under Wyo. Stat. Ann. § 1-26-512 (LexisNexis 2011), inverse...

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