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Summary 2008 WY 43

By Meg

Summary of Decision issued April 10, 2008

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

Case Name: Coffinberry v. Thermopolis

Citation: 2008 WY 43

Docket Number: S-07-0261

Appeal from the District Court of Hot Springs County, the Honorable Gary P. Hartman, Judge

Representing Appellant (Plaintiff): Richard A. Coffinberry, pro se.

Representing Appellee (Defendant): Michael S. Messenger and Wade Redmon of Messenger & Jurovich, PC, Thermopolis, Wyoming.

Facts/Discussion: In the instant case, Coffinberry tested the authority of a municipality to adopt an ordinance holding the property owner liable for water, sewer and sanitation service fees unpaid by a tenant. He appealed the summary judgment order granted to Thermopolis.
Coffinberry owns property within Thermopolis. In the past, the town has required him to pay for water, sewer and sanitation service fees unpaid by his tenants. Municipalities can exercise only those express and implied powers that are granted to them by statute. The Court has long recognized that the statutory grants of authority to municipalities carry with them the powers necessarily implied from them. Coffinberry?s interpretation of the statutes would have an unreasonably inhibitory effect on the provision of municipal services and runs contrary to that long-recognized principle. The power to hold property owners responsible is necessary because it ensures the fiscal integrity of the utility system.

Holding: The statutes that authorize cities and towns to provide water, sewer and sanitation services also authorize those cities and towns to hold property owners ultimately liable for the cost of providing those services to the property.

Affirmed.

C.J. Voigt delivered the decision.

Link: http://tinyurl.com/6q5pyy .

[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. Please note when you look at the opinion that all of the paragraphs are numbered. When you pinpoint cite to a quote, you should cite to this paragraph number rather than to any page number. If you need assistance in putting together a citation using the Universal Citation form, please contact the Wyoming State Law Library.]

Full post as published by Law Library Letter on April 10, 2008 (boomark / email).