WYOMING COURT RULES

Wyoming Rules of Appellate Procedure

Rule: 12.02

Jurisdiction: WY

Bluebook Citation: Wyo. R. App. P. 12.02

78 Aggrieved or adversely affected. — Court dismissed one of the taxpayer’s consolidated appeals of the ad valorem personal property tax assessments on its coal mines for lack of juris- diction because that the State Board of Equal- ization had remanded the case to the County Board of Equalization; therefore the taxpayer was the prevailing party and was not adversely affected or “aggrieved” as provided under this rule. Even if the taxpayer’s appeal from the State Board of Equalization to the district court was authorized, the district court’s order re- manding the matter to the County Board was not appealable under Wyo. R. App. P. 1.05 because it did not finally conclude the matter. Thunder Basin Coal Co. v. Campbell County, 2006 WY 44, 132 P.3d 801, 2006 Wyo. LEXIS 47 (Wyo. 2006). Petition for mandamus improper. — Where attorney filed his petition for mandamus almost 90 days after client requested a hearing and no response from the division was received, the amount of time was “reasonable”; however, the appropriate remedy was to file a petition for review of agency inaction, and where there was an adequate remedy at law, an action for man- damus was improper. Harris v. Schuetz, 948 P.2d 907, 1997 Wyo. LEXIS 147 (Wyo. 1997). Public service commission’s order re- taining matter of refunds for further ac- tion was not a final decision for purposes of judicial review, where the language of the order indicated that the commission was unsure whether a refund would be necessary. MGTC, Inc. v. Public Serv. Comm’n, 735 P.2d 103, 1987 Wyo. LEXIS 433 (Wyo. 1987).

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