ADVOCACY
"It is of great concern that a state agency could be the final judge of its own actions, free of any judicial review, particularly when the county has carefully regulated the use and development of the very valuable and limited amount of private land available within its boundaries and has procedures to fairly enforce its regulations.”
— Judge Michael Davis, District Court April 11, 2024
The WY Board of Land Commissioners filed a lawsuit against Teton County in December 2022. This was spurred by the temporary use permits (TUPs) granted on State-owned land along Highway 390 near Teton Village to Basecamp LLC (the glamping domes) and other private commercial operations.
The County had previously filed for an abatement of all work on the State-owned WY-390 parcel until all applicable building, electrical, fire, and septic permits were issued. The state countered with a suit that argued permits issued to private developments on State lands were exempt from local land use regulations and zoning due to the State’s sovereign rights. It’s important to note that the permits themselves include language that requires compliance with all federal, state, and local land use regulations.
On April 11th, 2024, Judge Michael Davis of District Court 1 heard oral arguments from the State Land Board's attorney and Teton County's Chief Deputy County Attorney, Keith Gingery. Judge Michael K. Davis, ruled in favor of the state.
However, he was clear in expressing his views and concerns and suggested that the case is "almost certain" to be appealed to the Wyoming Supreme Court. And, indeed, it was appealed by Teton County Commissioners on May 30, 2024.
CRUSL filed to intervene in the case but was denied at the District Court level on the basis that CRUSL held no standing. We have filed an appeal to the Wyoming Supreme Court because we believe our members cannot be adequately represented by Teton County because Teton County leases state trust land, which presents a conflict. We intend to file an amicus brief with the Wyoming Supreme Court to make sure our concerns are in the record when a decision is made on this landmark case that is being watched across the state.
Separately, CRUSL filed a complaint on December 27, 2023, in Teton County District Court against Basecamp LLC for failure to comply with local land use regulations and zoning as required by their permit. In the complaint, CRUSL asked the County District Court to order that Basecamp cease from operating a commercial glamping motel unless or until it complies with the same local regulations to which every other commercial business in the County is accountable. Basecamp’s Motion to Dismiss was granted by the district court on July 9, which CRUSL is appealing to the Wyoming Supreme Court.
CRUSL believes that without County oversight, the operation is a grave threat to public safety, health, and welfare of all residents and visitors to Teton County.
We are poised to make arguments where we always thought they would end up and where they really matter – The Wyoming Supreme Court.
Contact CRUSL
PO Box 1408
Wilson, WY 83014
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