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May 25, 2018 I Volume 12 I Issue 10 Zoning Bulletin <br />ing code does not allow churches to obtain variances allowing them to have a <br />digital display." The court noted that it had found the Church was not barred <br />from obtaining a variance if it met the requirements for a variance. Rather, <br />"(t]he Church simply failed to meet those requirements." Thus, the court <br />concluded: "[t]he Church does not and cannot argue the ordinance was un- <br />constitutional when the reason for denial of the variance was its own failure <br />of proof." <br />Zoning Authority —County land use <br />regulation prohibits fractional <br />ownership of campgrounds <br />Campground owner contends regulation exceeds <br />county's zoning authority <br />Citation: Board of County Commissioners of Teton County v. Mackay <br />Investments, LLC, 2018 WY 34, 413 P.3d 1120 (Wyo. 2018) <br />WYOMING (03/28/18)—This case addressed the issue of whether a <br />county zoning regulation prohibiting fractional ownership of camp- <br />grounds exceeded the county's zoning authority. <br />The Background/Facts: Mackay Investments, LLC ("Mackay") <br />owned and operated two campgrounds in Teton County (the "County"). <br />Pursuant to a settlement agreement between Mackay and the County, <br />as well as a County Land Development Regulation aimed at promoting <br />tourism, long-term camping was prohibited at both of Mackay's <br />campgrounds. <br />In 2015, Mackay transferred undivided tenant in common fee owner- <br />ship interests to 21 separate entities at each of its campgrounds. Mackay <br />retained an undivided tenant in common fee ownership interest in each <br />of the campgrounds. Thus, each of the campgrounds was then owned <br />by 22 separate entities as undivided tenants in common or as tenants in <br />common with an undivided interest in the whole. <br />In 2016, the County sent Mackay a Notice of Violation, asserting <br />that tenant in common ownership of the campgrounds violated a sec- <br />tion of the county Land Development Regulations that prohibited <br />fractional ownership of campgrounds. <br />Mackay responded by filing a declaratory judgment action in the <br />district court. Mackay asked the district court to find that the Land <br />Development Regulation prohibiting fractional ownership of camp- <br />6 © 2018 Thomson Reuters <br />