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ESTERHOLDT v. PACIFICORP

No. S-12-0164.

301 P.3d 1086 (2013)

2013 WY 64

Erick W. ESTERHOLDT as Trustee of the Erick W. Esterholdt Revocable Trust dated August 6, 2009, and Jeanne M. Esterholdt as Trustee of the Jeanne M. Esterholdt Revocable Trust dated August 6, 2009, Appellants (Plaintiffs), v. PACIFICORP, an Oregon corporation, Appellee (Defendant), and Jason Thornock, Appellee (Intervenor).

Supreme Court of Wyoming.

May 22, 2013.

Attorney(s) appearing for the Case

Representing Appellants: Sharon M. Rose of The Rose Law Firm, P.C., Evanston, Wyoming.

Representing Appellee PacifiCorp: David G. Ditto of Associated Legal Group, LLC, Cheyenne, Wyoming.

Representing Appellee Jason Thornock: David M. Clark of Worrall & Greear, P.C., Worland, Wyoming.

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

VOIGT, Justice.

[¶ 1] The effect of [the Marketable Title Act] on the recording act is astonishing. Gary B. Conine & Daniel J. Morgan, The Wyoming Marketable Title Act — A Revision of Real Property Law, XVI Land & Water L.Rev. 181, 199 (1981).

[¶ 2] Via a partial summary judgment, the district court held that the Wyoming Marketable Title Act (the Act), Wyo. Stat. Ann. § 34-10-101 et seq. (LexisNexis 2011), validated...

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