WYOMING COURT RULES

62 trative Procedure Act (§§ 16-3-101 through 16- 3-115), the agency whose decision was being reviewed was a proper party to the appeal. Diefenderfer v. Budd, 563 P.2d 1355, 1977 Wyo. LEXIS 238 (Wyo. 1977). Action by refiner. — In an action by an oil refiner for declaration that its plan to impound and recycle effluent water, being the water remaining after use in its refinery process of water which it purchased from a city, was not subject to the jurisdiction and control of the state engineer and the Wyoming state board of control, and that the proposed use did not infringe on any rights of downstream water appropriators, the state board of control and the city were necessary and indispensable par- ties to the action, and the cause should not proceed without their joinder. State by Chris- topulos v. Husky Oil Co., 575 P.2d 262, 1978 Wyo. LEXIS 268 (Wyo. 1978). Absent misconduct, party’s parent com- pany not joined. — In response to a mortgage foreclosure action, the defendants filed a coun- terclaim, alleging that the plaintiffs had made fraudulent misrepresentations. The court did not abuse its discretion when it denied the defendants’ motion to join the plaintiffs’ parent companies as parties to this action pursuant to Rules 13(h) and 19. The defendants failed to show how either of the plaintiffs defrauded them by its corporate makeup. Albrecht v. Zwaanshoek Holding En Financiering, B.V., 762 P.2d 1174, 1988 Wyo. LEXIS 130 (Wyo. 1988), reh’g denied, 1988 Wyo. LEXIS 160 (Wyo. Nov. 7, 1988). Out-of-state insurance commissioner, rehabilitator of insolvent insurance com- pany, was not indispensable party to an action against the company on a performance bond. Although the commissioner was not sub- ject to service of process in Wyoming, the action was commenced long before the company be- came involved in rehabilitation proceedings in the other state. Hoiness-La Bar Ins. v. Julien Constr. Co., 743 P.2d 1262, 1987 Wyo. LEXIS 520 (Wyo. 1987). EQC and DEQ were proper parties to a proceeding challenging new water quality rules. — After the Wyoming Environmental Quality Council (EQC) adopted proposed revi- sions to Chapter 1 of the Wyoming Water Qual- ity Rules and Regulations, petitioner special interest groups filed a petition to challenge the new rules and named the Wyoming Depart- ment of Environmental Quality (DEQ) as re- spondent; the district court erred in dismissing the petition for lack of jurisdiction on the ground that the EQC was not named in the petition. The Supreme Court of Wyoming, held that both the EQC and the DEQ were both proper parties to this proceeding under the Wyoming Environmental Quality Act, Wyo. Stat. Ann. § 35-11-101 through 35-11-1904, un- der the joinder rules set forth in Wyo. R. Civ. P. 19 -21, the district court could have added the EQC at the time the issue arose without caus- ing any injustice. Lauderman v. State, 2010 WY 70, 232 P.3d 604, 2010 Wyo. LEXIS 73 (Wyo. 2010). Condemnation of private road. — In an action where a county, on behest of the U.S. forest service (USFS), condemned a private road to provide access to a national forest, the USFS was not an indispensable party. L.U. Sheep Co. v. Board of County Comm’rs, 790 P.2d 663, 1990 Wyo. LEXIS 39 (Wyo. 1990). Establishment of private road. — United States was not an indispensable party to litiga- tion over establishment of private road, since complete relief could be accorded among parties to dispute without joinder of United States, and interest of United States was not subject to being impaired in the action. Miller v. Bradley, 4 P.3d 882, 2000 Wyo. LEXIS 115 (Wyo. 2000). Adjoining landowners. — In a declaratory judgment action to determine the rights of landowners along a public access fishing ease- ment, adjoining landowners who did not join the action as plaintiffs were properly joined as third-party defendants since the third party defendants’ interests might have been impaired or impeded by a judgment rendered in their absence. Lamb v. Wyoming Game & Fish Comm’n, 985 P.2d 433, 1999 Wyo. LEXIS 119 (Wyo. 1999), reh’g denied, 1999 Wyo. LEXIS 142 (Wyo. Aug. 31, 1999). Adoption proceedings. — Court could de- termine validity of natural parent’s consent to adoption without regard to whether prospective adoptive parents were joined, but adoptive par- ents were indispensable parties whose joinder was required for constitutional and guardian ad litem issues raised by natural father. JK v. MK, 5 P.3d 782, 2000 Wyo. LEXIS 117 (Wyo. 2000), overruled in part, T.C. v. State (In re Adoption of L-MHB), 2018 WY 140, 431 P.3d 560, 2018 Wyo. LEXIS 144 (Wyo. 2018). Negligence action. — Joinder is not re- quired for a non-party with a tort cause of action for injuries arising out of the same incident that is the subject of a negligence action under the criteria of W.R.C.P. 19(a); therefore, a district court erred by holding that a passenger should have been joined in an action brought by two injured parties riding in the same vehicle. Grove v. Pfister, 2005 WY 51, 110 P.3d 275, 2005 Wyo. LEXIS 57 (Wyo. 2005). Law reviews. — For article, “The Law of Indemnity in Wyoming: Unraveling the Confu- sion,” see XXXI Land & Water L. Rev. 811 (1996).