Colton v. Town of Dubois
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The Supreme Court affirmed the decision of the district court entering judgment in favor of the Town of Dubois and dismissing Plaintiff's declaratory judgment action against the Town seeking to reclaim 30.17 acres of real property, holding that there was no error in the proceedings below.
Plaintiff sought to reclaim property that the Town previously attempted to condemn but ultimately acquired through a settlement agreement with Plaintiff. The district court granted summary judgment in favor of the Town. The Supreme Court affirmed, holding (1) the settlement agreement satisfied, as a matter of law, the three elements of waiver and did not contravene the public policy behind the Wyoming Eminent Domain Act; and (2) therefore, the Town was entitled to judgment as a matter of law.
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