Agenda - Planning Commission - 03/06/2008

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February 10, 20081 Volume 21 No.3 ,,-., ') The court disagreed with Hsu's argument that the court should reinstate the original district court judgment's compensation and attorney fees awards. The court noted that while evidence related to potential variances was irrelevant as to whether a taking oc- curred, it was relevant in determining the amount of just compen- sation due. The court said that the district court would need to re- view this information in determining just compensation due. The court further noted that Hsu was entitled to attorneys fees. See also: Perin Cent. Transp. Co. v. City of New York, 438 U.S. 104,98 S. Ct. 2646, 57 L. Ed. 2d 631, 11 Env't. Rep. Cas. (BNA) 1801,8 Envtl. L. Rep. 20528 (1978). Public Use Dedication-Landowners question city's right to construct sewer trunk line beneath road Citation: Sunshine Custom Paints & Body, Inc. v. South Douglas Highway Water & Sewer Dist., 2007 WY 206,2007 WL 4439698 (Wyo. 2007) Sunshine Custom Paints & Body, Inc. and several others (col- lectively, "Sunshine" or "Sunshine landowners") owned lots and maintained business in the Mohan Subdivision. Sunshine's lots abutted Mohan Road. The subdivision was created by the filing of a plat in 1977. The plat contained a statement dedicating the streets as laid out in the plat to public use. The plat further pre- served utility easements as laid out on the plat. Mohan road was depicted on the plat. Within a few minutes of filing the plat, the developer also filed a dedication deed. The dedication deed grant- ed certain real estate on the northern portion of Mohan Road to the public. In 2004, the city and the sewer district (collectively, the "city") contracted with Western Municipal Construction of Wyoming, Inc: ("Western") to construct a sewer line. Construction of the sewer trunk line beneath Mohan Road began. Sunshine objected to the construction project. Sunshine claimed the city did not have a right to place the sewer line under the road. One of the Sunshine land- owners, Cyclone Drilling, Inc. ("Cyclone"), interrupted construc- tion of the project for nearly one week by placing a large piece of equipment on Mohan Road. Sunshine filed a complaint against the city in district court. Sun- shine claimed that the city improperly used Mohan Road for instal- lation of the sewer line. Specifically, Sunshine argued that the plat took precedence over the dedication deed. Thus, Sunshine argued, (-j .. ji 7 147