Justia Real Estate & Property Law Opinion Summaries

Several homeowners in subdivisions along the North Platte River disputed ownership of a strip of land, known as the “meander land,” that lies between a designated meander line (depicted in historical government surveys) and the current thread (centerline) of the river. Both sides had historically used this land as part of their backyards. The plaintiffs claimed title to this land under the meander line rule, arguing their property extended to the thread of the river, while the defendants asserted that deeds, subdivision plats, and a later quitclaim deed gave them title to the disputed area.The plaintiffs, who owned lots in the Red Butte Subdivision south of the river, initiated quiet title actions, which were consolidated in the District Court of Natrona County. The defendants owned adjacent property and a tract labeled “Park 10” in the Trails West Subdivision, which lies north of the river but was described as extending under the river to the meander line. The district court granted summary judgment for the plaintiffs, determining that the meander line rule applied and the plaintiffs’ property extended to the thread of the river, not just to the meander line.The Supreme Court of Wyoming reviewed the district court’s order de novo. It held that the meander line in the relevant deeds and plats was not the true boundary; rather, the property extended to the river’s thread, consistent with Wyoming law and the generally accepted meander line rule. The Court found no clear language in the deeds or plats fixing the boundary at the meander line. It further ruled that subdivision plats could not convey land not owned by the subdivider. Accordingly, the Supreme Court of Wyoming affirmed the district court’s grant of summary judgment, holding that the boundary between the parties’ properties is the thread of the North Platte River. View "Hein v. Carlson" on Justia Law

The dispute centers on a series of complex financial transactions involving a Wyoming family and their businesses, a local bank, and a commercial lender. The plaintiffs, including a married couple and their closely held LLC, entered into various loans and mortgages related to their commercial property and business operations. When financial difficulties arose—exacerbated by a downturn in the oil and gas industry—the parties restructured their debt, resulting in a 2017 mortgage and, after the operating company filed for bankruptcy, a 2019 settlement agreement. The plaintiffs later alleged that the bank and lender’s actions and omissions caused them to lose equity in both their home and commercial property, and the defendants counterclaimed for breach of the settlement agreement and sought attorney fees.The District Court of Natrona County dismissed or granted summary judgment for the bank and lender on all claims and counterclaims, finding the mortgage unambiguously secured two loans and the bank had no duty to release it after only one was repaid. It also concluded the plaintiffs could not establish justifiable reliance on any alleged misrepresentations, interpreted the settlement agreement as permitting (but not requiring) the lender to record the quitclaim deed after a sale period, and found no breach by the lender. The district court further ruled the plaintiffs breached the agreement by filing suit, thus entitling the bank and lender to attorney fees.On review, the Supreme Court of Wyoming affirmed the district court’s decisions dismissing the plaintiffs’ claims, holding the mortgage secured both loans and the bank acted within its rights. The Supreme Court, however, reversed the grant of summary judgment to the bank and lender on their counterclaims, finding that filing the lawsuit was not a breach of the settlement agreement or its implied covenant of good faith and fair dealing. Consequently, the award of attorney fees and costs to the bank and lender was also reversed. View "Adams v. ANB Bank" on Justia Law

A Wyoming firearms manufacturer sought to expand its operations by constructing a new facility. The company, unable to directly access specific state economic development funds, partnered with a city and a local non-profit to obtain funding, resulting in a written agreement outlining each party’s roles. The non-profit was charged with managing the project, including hiring architects and contractors. During and after construction, the manufacturer identified substantial design and construction defects, including climate control problems, leaks, and structural issues. The manufacturer sued the non-profit for breach of contract and also sued the architect and contractor, asserting it was a third-party beneficiary of their contracts with the non-profit.In the District Court of Park County, the court dismissed the manufacturer’s claims against the architect and contractor, finding it was not an intended third-party beneficiary under their contracts, and granted summary judgment to the non-profit on all but one claim, determining that the non-profit’s contractual obligations were limited to financial administration of the project. The remaining claim was later dismissed by stipulation.The Supreme Court of Wyoming reviewed the case de novo. The court held that the district court erred in dismissing the manufacturer’s claims against the architect and contractor because, accepting the complaint’s factual allegations as true and considering the relevant contracts, the manufacturer had sufficiently alleged facts that could support third-party beneficiary status and breach of contract. The court also found the district court erred in granting summary judgment to the non-profit, concluding that the contract’s language and context imposed broader duties on the non-profit, including project administration and construction oversight, not merely financial management. The Supreme Court of Wyoming reversed the lower court’s orders of dismissal and summary judgment, allowing the manufacturer’s claims to proceed. View "Gunwerks, LLC v. Forward Cody Wyoming, Inc." on Justia Law

Gunwerks sought to expand its business by constructing a new manufacturing facility in Cody, Wyoming, a project involving public funds and coordinated through Forward Cody Wyoming, Inc. Forward Cody retained Plan One Architects and Sletten Construction of Wyoming, Inc. as the project's designer and general contractor, respectively. Sletten hired various subcontractors, including Big Horn Glass, Inc. (BHG), to perform specific tasks. After completion, Gunwerks alleged numerous construction defects in the facility, including issues with concrete, finishes, HVAC, siding, drainage, ceiling heights, door and window flashings, and the shooting tunnel. Gunwerks sued Forward Cody, Plan One, and Sletten for breach of contract and breach of the covenant of good faith and fair dealing.Sletten responded to Gunwerks’s lawsuit by filing a third-party complaint against its subcontractors, including BHG. Sletten claimed that, should it be found liable to Gunwerks, subcontractors responsible for any deficient work should indemnify it for those damages. Sletten did not specifically admit or allege deficiencies in BHG’s work but sought to preserve its right to recovery if any subcontractor was found at fault. Approximately ten months after Sletten’s third-party complaint, BHG moved for summary judgment in the District Court of Park County, arguing that Sletten had not presented evidence showing BHG caused any of the alleged damages. The district court granted summary judgment for BHG, finding that Sletten had not countered BHG’s prima facie showing with disputed facts, relying instead on speculation.On appeal, the Supreme Court of Wyoming reviewed the district court’s summary judgment ruling de novo, applying the same standard as the lower court and viewing the record most favorably to Sletten. The Supreme Court affirmed the district court’s decision, holding that Sletten failed to present admissible, competent evidence creating a genuine issue of material fact regarding BHG’s liability for any alleged defects. The court found Sletten’s evidence speculative and conclusory, insufficient to defeat summary judgment. The disposition was affirmed. View "Sletten Construction of Wyoming, Inc. v. Big Horn Glass, Inc." on Justia Law

The case concerns a property owner who challenged the assessed valuation of his residential property by the county assessor. After receiving a tax assessment notice valuing his home at $732,661, the property owner met with the assessor to contest the figure, citing his home’s 2013 purchase price as more accurate. The assessor, after review, reduced the assessment twice—first lowering the quality rating of the home and then making a minor adjustment for siding type—ultimately setting the value at $674,465. The property owner appealed the assessment, objecting to the timing of evidence disclosure by the assessor and arguing that the assessed value should reflect actual sales in the neighborhood or a realtor’s market evaluation instead of the mass appraisal system used.The Laramie County Board of Equalization held a hearing on the appeal, admitting both parties’ evidence, including the assessor’s exhibits, which were received by the property owner three days later than the statutory deadline but still twenty-seven days before the hearing. The Board found the assessor’s methods and use of the state-mandated Computer Assisted Mass Appraisal (CAMA) system proper, and concluded that the property owner failed to provide credible evidence that the valuation was incorrect or unlawful. The Board affirmed the assessment. The property owner appealed to the State Board of Equalization, which remanded briefly for procedural reasons, after which the Board reaffirmed its decision. The State Board and then the District Court of Laramie County both affirmed.The Supreme Court of Wyoming reviewed the case and held that the County Board did not abuse its discretion in admitting the assessor’s evidence, given the minimal delay and lack of prejudice. It also held that the property owner did not meet his burden to rebut the presumption of correctness in the assessor’s valuation, which was supported by substantial evidence and in accordance with law. The Supreme Court affirmed the lower courts’ decisions. View "Johnston v. Ernst" on Justia Law

Timothy Hale and Sonja Ringen constructed a storage building on their commercially zoned property in Laramie without first obtaining a building permit. When the City of Laramie discovered the construction, it issued a stop work order and a cease-and-desist letter. Despite these notices, Hale and Ringen continued building and subsequently applied for a permit, which the City denied due to deficiencies in the application. After further unsuccessful permit attempts and ongoing disputes over the City’s requirements—including requests for disassembly of the structure—the City sought and obtained a permanent injunction from the District Court of Albany County, restricting use of the building until permitting was complete and compliance was achieved.The District Court of Albany County conducted a bench trial in May 2022 and granted the City’s request for a permanent injunction. The court outlined a process for inspections, identification of code violations, and corrective actions, but continued conflict between the parties hindered progress. Multiple rounds of correspondence, inspections, and motions ensued, with the City insisting on structural disassembly and Hale/Ringen providing documentation to support their position. Hale and Ringen eventually moved to vacate the injunction, arguing it was no longer equitable given their efforts and the City’s refusal to issue a permit. The district court denied their motion, citing only the parties’ lack of agreement, and provided no substantive analysis of the evidence.On appeal, the Supreme Court of Wyoming determined that the district court abused its discretion by failing to consider the evidence and arguments presented before denying the motion to vacate or modify the injunction. The Supreme Court held that a court must exercise discretion and decide motions on their merits, rather than requiring agreement between adversarial parties. Consequently, the Supreme Court reversed the district court’s order and remanded the case for full consideration of Hale/Ringen’s motion in light of all relevant facts and equities. View "Hale v. City of Laramie" on Justia Law

Russ and Debi Ropken hired a construction company to build a custom home based on an oral agreement. The contractor began work and sent invoices for services and materials, which the Ropkens paid until May 2022, after which they stopped making payments. In July 2022, the Ropkens removed the contractor from the site. The contractor then sent a demand letter for three unpaid invoices totaling $276,169, but the Ropkens refused to pay. The contractor sued to recover the unpaid amount.In the District Court of Park County, the Ropkens admitted owing at least $176,870.21. At the conclusion of a jury trial, the jury found there was a valid contract, the Ropkens had breached it, and awarded the contractor $258,587.70 in damages. The district court entered judgment for that amount and permitted the contractor to request prejudgment interest. The contractor timely filed for prejudgment interest, and the Ropkens objected. The district court found for the contractor, awarding $33,473.25 in prejudgment interest at a statutory rate, and calculated interest from the date of the demand letter. The Ropkens paid the judgment but appealed the prejudgment interest award.The Supreme Court of Wyoming reviewed whether the district court erred in awarding prejudgment interest and whether due process was violated by granting interest without an evidentiary hearing. The court held that a district court may award prejudgment interest even when it is not the trier of fact, as prejudgment interest is a matter of law and not fact. The court found the claim was liquidated and the Ropkens had notice. The court also held that the Ropkens received adequate notice and opportunity to be heard, satisfying due process. The Supreme Court of Wyoming affirmed the award of prejudgment interest. View "Ropken v. Yj Construction, Inc." on Justia Law

A woman and her long-term partner jointly purchased a duplex in Florida, signing both a promissory note and a mortgage as joint obligors and joint tenants with rights of survivorship. The note required monthly payments and a $100,000 balloon payment. After making all monthly payments, they failed to pay the balloon payment when due. The partner died shortly thereafter, and the woman became the sole owner of the property. The lender sent a default notice, and the woman entered into a forbearance agreement but did not pay the balloon payment. The lender filed a creditor’s claim against the deceased partner’s estate, which was rejected, leading the lender to sue the estate for the unpaid amount.The District Court of Fremont County, Wyoming, found the estate liable for the full balloon payment and associated costs, and also found the woman jointly liable as a co-obligor. The estate then sought contribution from the woman, arguing she should pay her share of the debt. After a bench trial, the district court determined that both the woman and the estate were each responsible for 50% of the balloon payment and related fees, applying Florida’s doctrine of equitable contribution. The court rejected the woman’s arguments that she should not be liable due to alleged inequitable conduct by the estate or because the deceased partner had intended to pay the balloon payment himself.On appeal, the Supreme Court of Wyoming reviewed the district court’s application of Florida law and its equitable determinations. The Supreme Court affirmed the lower court’s decision, holding that the woman was jointly liable for 50% of the balloon payment and associated costs. The court found no abuse of discretion in the district court’s application of the doctrine of equitable contribution, its rejection of the unclean hands defense, or its allocation of attorneys’ fees and costs. View "Hutton v. Dykes" on Justia Law

A property owner purchased a lot in a Wyoming subdivision governed by two homeowners’ associations, each enforcing its own set of covenants. The owner sought to demolish an existing structure and build a new residence with an attached hangar, submitting construction plans for approval as required. Disputes arose over whether his application was complete and whether the associations unreasonably delayed or withheld approval, resulting in increased construction costs due to inflation. Complicating matters, one association (AVR I) had been dissolved years earlier, but its board continued to act as if it existed, later forming a new entity (AVR II) that purported to enforce covenants recorded after AVR I’s dissolution but before AVR II’s formal creation.The property owner initially sued AVR I, believing it to be the proper party, and later sued the other association, AAA. During discovery, he learned that AVR I had been defunct and that AVR II was the actual entity acting as the homeowners’ association. He moved to amend his complaint to add AVR II and assert new claims, including that the covenants were invalid. The District Court of Lincoln County denied the motion to amend, finding the amendments would be futile, and granted summary judgment to AVR I, reasoning that the covenants automatically approved the owner’s plans by default and any delay was self-imposed.The Supreme Court of Wyoming reviewed the case and held that the district court abused its discretion in denying leave to amend the complaint. The Supreme Court found that the proposed claims against AVR II were not futile, as there were unresolved factual and legal questions regarding the validity and enforceability of the covenants and AVR II’s authority. The court also held that summary judgment for AVR I was premature. The orders denying amendment and granting summary judgment were reversed, and the case was remanded for further proceedings. View "Conger v. AVR Homeowner's Association, Inc." on Justia Law

The dispute centers on whether the trustees of a family trust, who inherited land south of a subdivision, have an easement—either express or implied—across Lot 4 of the subdivision, now owned by the Fullers. The subdivision, created by the Clarks’ predecessor, included a private road (Buttercup Lane) running north-south through all four lots, ending at a temporary cul-de-sac at the southern edge of Lot 4. The original owner reserved the right to extend the road to the southern boundary for access to adjoining lands, contingent on providing notice to Lot 4’s owners. After the Fullers purchased Lot 4 and denied access, the trustees sued, claiming an easement for access to their southern property.The District Court of Lincoln County held a bench trial and found that no express easement existed because the original owner had not exercised her reserved right by providing the required notice to Lot 4’s owners. The court also found no implied easement, concluding that the trustees failed to show that access through Lot 4 was necessary and beneficial, as alternative access routes to the southern property existed. The trustees appealed these findings.The Supreme Court of Wyoming reviewed the district court’s factual findings for clear error and its legal conclusions de novo. The Supreme Court affirmed the district court’s decision, holding that the evidence did not show the required notice was given to create an express easement, and that the existence of alternative access routes meant the necessity element for an implied easement was not met. The Supreme Court of Wyoming thus affirmed the judgment, finding no express or implied easement across Lot 4 in favor of the trustees. View "Clark v. Fuller" on Justia Law