Retail Clerks Local 187 AFL-CIO v. University of Wyoming
Wyoming Supreme Court · 1975-01-29 · cited 41×
The case involved a union local and its members suing the University of Wyoming, its president, and board of trustees to obtain a declaratory judgment, injunction, and other relief establishing rights to organize, select the union as bargaining agent, negotiate over wages and conditions, and require payroll deductions, while challenging the university's refusal to recognize or bargain with the union. The trial court dismissed the complaint on multiple grounds, including lack of subject-matter jurisdiction. The Wyoming Supreme Court affirmed, holding that the suit against the university and trustees was barred by sovereign immunity because it constituted an action against the state without legislative consent, that the Declaratory Judgments Act did not supply such consent, and that claims against the officials individually were likewise precluded to preserve the doctrine of immunity. The court further rejected arguments that the university's employment functions were proprietary or that nominal damages claims created jurisdiction.
labor & employmentprocedure
Cranston v. Thomson
Wyoming Supreme Court · 1975-01-17 · cited 38×
In Cranston v. Thomson, resident electors who had run or planned to run for office, along with intervenors including the Wyoming State AFL-CIO and an education-focused political action committee, challenged Wyoming statutes that required candidates' written approval for expenditures made on their behalf, limited campaign spending, and restricted organizations such as labor unions and trade associations from making contributions without member approval and from in-district funds only. The plaintiffs and intervenors sought declaratory relief that the provisions were unconstitutional under numerous state and federal constitutional provisions and alleged potential civil and criminal penalties from their past and planned activities. The trial court dismissed the complaints, and the Wyoming Supreme Court affirmed, holding that neither the pleadings nor the evidence established a justiciable controversy suitable for judicial resolution.
electionsfree speechlabor & employmentprocedure
In Re Adoption of Narragon
Wyoming Supreme Court · 1975-01-02 · cited 5×
The case involved a petition by the child's mother and stepfather to adopt William Robert Narragon without the consent of his biological father, who had been imprisoned since 1966 under a 25- to 30-year sentence and had provided no support. The trial court dismissed the petition, and the Wyoming Supreme Court affirmed that ruling. The court held that the relevant statute permitting adoption without consent when a child has been maintained in a public institution or by the state welfare department for a year did not apply on these facts, as the child had remained in the mother's custody. It reasoned that adoption statutes must be strictly construed in favor of a nonconsenting parent and that courts may not add or alter statutory language to reach a different result.
family law
Zier v. City of Powell
Wyoming Supreme Court · 1974-09-04 · cited 7×
The case involved an appeal by Zier, acting pro se, against the City of Powell in which the appellant submitted papers intended as a brief but that did not comply with the Wyoming Supreme Court's rules, particularly Rule 12. The appellee moved to dismiss the appeal, after which the court notified the appellant of the deficiencies and gave an opportunity to correct them. The court ultimately granted the motion and dismissed the appeal, reasoning that the filings failed to comply with the rules, offered nothing to which the appellee could respond, and that reasonable adherence to procedural requirements is necessary for the proper administration of justice even for pro se litigants.
procedure
Rim Group v. Mountain Mesa Uranium Corp.
Wyoming Supreme Court · 1958-02-11 · cited 12×
This case involved an appeal by Riverton Uranium Corporation from a Wyoming trial court's denial of its motion to vacate a default judgment entered against it in a suit to quiet title to mining claims brought by The Rim Group against multiple defendants. The appellant argued that it lacked notice of the trial setting and possessed a meritorious defense based on its claimed ownership rights derived from prior assignments. The Supreme Court of Wyoming affirmed the denial, holding that the court clerk was presumed to have mailed the formal order setting the hearing date as required by statute, and that no evidence rebutted this presumption. The court further reasoned that litigants have a duty to monitor court schedules and remain prepared to proceed even if a case is postponed briefly due to other matters, and that the motion failed to adequately allege facts showing a meritorious defense to the title claims.
propertyprocedure
Globe Mining Co. v. Anderson
Wyoming Supreme Court · 1957-11-19 · cited 17×
The case involved a dispute over ownership of ten lode mining claims in Wyoming, with plaintiff Globe Mining Company alleging it had validly located the claims for uranium deposits starting in 1953 by complying with federal and state mining laws on discovery, marking, and recording, while defendants entered the land in 1955, overstaked with their own Andria claims, and counterclaimed for title. The trial court found for the defendants after evaluating the four required steps for valid claims under the statutes. On appeal, the court applied the rule that a mining claim judgment will stand unless clearly against the weight of the evidence and analyzed whether plaintiff's actions constituted adequate discovery of a disseminated lode in rock in place and related compliance. The opinion examined the legal meaning of a vein or lode for secondary uranium deposits in horizontal sandstone formations without requiring defined structural boundaries.
propertybusiness & regulatory