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. The case will be argued before the Wyoming Supreme Court on January 16th, 2025.
CRUSL filed to intervene in the case but was denied at the District Court level on the basis that CRUSL held no standing. Our appeal to the Wyoming Supreme Court was denied on December 6, 2024 because the court believes that our members can be adequately represented by Teton County. We strongly disagree.
The Wyoming Supreme Court has, however, accepted our amicus brief which makes sure our concerns are in the record when a decision is made. This is a landmark case that is being watched across the state. Our amicus brief was joined by the Wyoming Outdoor Council, the Casper Mountain Preservation Alliance and the Powder River Resource Council. Importantly, the Wyoming County Commissioners Association filed a separate amicus brief on behalf of all 23 counties in Wyoming. The trial is scheduled for January 16, 2024, in Cheyenne.
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 and to which every other commercial business in the County is accountable. CRUSL has subsequently dropped this suit as we have achieved our goal of reaching the Wyoming Supreme Court with the first case.
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.
Our arguments will be represented by our amicus brief 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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