Law Library Letter

Summary 2014 WY 62

2014-05-14T08:28:00.000-07:00

Summary of Decision May 14, 2014

Justice Fox delivered the opinion of the Court. Reversed.

Case Name: LEEKS CANYON RANCH, LLC, a Wyoming limited liability company; LEEKS CANYON, LLC, a Wyoming limited liability company; ELIZABETH LOCKHART and KELLY LOCKHART, wife and husband, Appellants v. CALLAHAN RIVER RANCH, LLC, a Wyoming limited liability company; and PORTER RIVER RANCH, LLC, a Wyoming limited liability company, Appellees

Docket Number: S-13-0173

URL: http://www.courts.state.wy.us/Opinions.aspx

Appeal from the District Court of Teton County, the Honorable Timothy C. Day, Judge

Representing Appellants: Weston W. Reeves and Anna M. Reeves Olson of Park Street Law Office, Casper, Wyoming; and Thomas N. Long and Aaron J. Lyttle of Long Reimer Winegar Beppler LLP, Cheyenne, Wyoming. Argument by Mr. Reeves.

Representing Appellees: James R. Belcher of Crowley Fleck PLLP, Cheyenne, Wyoming.

Date of Decision: May 14, 2014

Facts: The Jackson Hole Hereford Ranch was divided by a complicated series of conveyances between entities controlled by a brother and sister, two grandchildren of the original owner, who were unable to agree on the validity of language purporting to reserve or convey an easement from the sister’s property across the brother’s property. Brother (and the related entities he controls) sought quiet title and injunctive relief, asserting that the requirements for finding an express or implied easement had not been met; sister (and her husband and the related entities they control) filed a counterclaim asserting the existence of a valid easement. The district court found that the parties failed to sufficiently describe the easement as required by Wyo. Stat. Ann. § 34-1-141, and that the express easement was therefore void. Additionally, the district court found that because the parties specifically contemplated an easement, but failed to effectuate their intent, an implied easement was inappropriate.

Issues: 1) Did the grantor reserve part of the disputed easement when it conveyed parcels in 1992? 2) Is the easement language in the deeds specific enough to locate the easement in accordance with Wyo. Stat. Ann. § 34-1-141? 3) Is the easement appurtenant to the land or in gross? 4) Did the grantor convey an easement across Parcel 25 when it conveyed Parcel 19 to Elizabeth Lockhart in 1998?

Holdings/Conclusion: We reverse the district court’s grant of summary judgment in favor of the Gills and remand with instructions that the district court enter summary judgment in favor of the Lockharts.

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note, when you look at the opinion, that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quotation, the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance.]

Summary 2014 WY 61

2014-05-14T08:22:00.000-07:00

Summary of Decision May 12, 2014

Justice Davis delivered the opinion for the court. Affirmed.

Case Name: IN THE MATTER OF THE WORKER’S COMPENSATION CLAIM OF: CHRISTINA S. HIRSCH, AN EMPLOYEE OF BORDER FOODS, INC. v. STATE OF WYOMING ex rel. WYOMING WORKERS’ SAFETY AND COMPENSATION DIVISION

Docket Number: S-13-0162

URL: http://www.courts.state.wy.us/Opinions.aspx

Appeal from the District Court of Teton County the Honorable Timothy C. Day, Judge

Representing Appellant: Jack D. Edwards of Edwards Law Office, P.C., Etna, Wyoming

Representing Appellee: Peter K. Michael, Wyoming Attorney General; John D. Rossetti, Deputy Attorney General; Michael J. Finn, Senior Assistant Attorney General; Samantha Caselli, Assistant Attorney General

Date of Decision: May 12, 2014

Facts: Appellant Christina Hirsch sought worker’s compensation benefits for back pain she believed was related to an earlier workplace accident. The Office of Administrative Hearings (OAH) upheld the Wyoming Workers’ Safety and Compensation Division’s (Division) denial of temporary total disability and medical pay benefits, and the district court affirmed the OAH decision. Ms. Hirsch appeals to this Court, claiming that the OAH erred by failing to find a causal connection between the workplace accident and her delayed back pain.

Issues: While Ms. Hirsch raises several issues on appeal, we find the dispositive question to be whether there is substantial evidence to support the OAH’s denial of benefits before a remand from the district court for supplementation of the record. We therefore restate the controlling issue as follows: Were the OAH’s Findings of Fact, Conclusions of Law, and Order contrary to the overwhelming weight of the evidence?

Holdings/Conclusion: Ms. Hirsch did not carry her burden of persuading the OAH that the May 2009 incident caused her later back pain. The record contains substantial evidence without the contested supplementation to support the OAH’s initial decision to deny benefits. Affirmed.

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note when you look at the opinion that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quote the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance]

Summary 2014 WY 60

2014-05-08T08:37:00.000-07:00

Summary of Decision May 8, 2014

Justice Fox delivered the opinion of the Court. Affirmed.

Case Name: GILBERT ORTIZ, JR. v. THE STATE OF WYOMING

Docket Number: S-13-0127

URL: http://www.courts.state.wy.us/Opinions.aspx

Appeal from the District Court of Laramie County, the Honorable Peter G. Arnold, Judge

Representing Appellant: Dion J. Custis, Dion J. Custis, PC, Cheyenne, Wyoming.

Representing Appellee: Peter K. Michael, Wyoming Attorney General; David L. Delicath, Deputy Attorney General; Jenny L. Craig, Senior Assistant Attorney General; Jeffrey S. Pope, Assistant Attorney General; Jennifer E. Zissou, Assistant Attorney General. Argument by Ms. Zissou.

Date of Decision: May 8, 2014

Facts: A jury found Gilbert Ortiz, Jr., guilty of three counts of second-degree sexual assault. Mr. Ortiz raises seven issues on appeal.

Issues: 1) Was Mr. Ortiz denied his right to a speedy trial? 2) Did the district court properly admit forensic interview evidence as a prior consistent statement? 3) Did testimony from a forensic interviewer or a detective improperly vouch for the credibility of the victim? 4) Was the Bill of Particulars sufficient for Mr. Ortiz to adequately prepare a defense? 5) Did the circuit court abuse its discretion when it granted an ex parte motion quashing Mr. Ortiz’s subpoena to call the victim and her mother as witnesses at a preliminary hearing? 6) Did the district court abuse its discretion when it denied admission of sexualized behavior evidence on relevancy and hearsay grounds? 7) Did the State commit prosecutorial misconduct when it referenced a non-religious quote from a church sign in its opening statement?

Holdings/Conclusion: Mr. Ortiz has presented no basis to reverse on any of the issues he raised on appeal. The conviction is affirmed.

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

[SPECIAL NOTE: This opinion uses the "Universal Citation." It was given an "official" citation when it was issued. You should use this citation whenever you cite the opinion, with a P.3d parallel citation. You will also note, when you look at the opinion, that all of the paragraphs are numbered. When you need to provide a pinpoint citation to a quotation, the universal portion of the citation will use that paragraph number. The pinpoint citation in the P.3d portion will need to have the reporter page number. If you need assistance in putting together a citation from this, or any future opinion using the Universal Citation form, please contact the Wyoming State Law Library and we will provide any needed assistance.]