Mullinax Concrete Serv. v. Zowada

This case concerned a petition for the establishment of a private road filed by Merlin and Lori Zowada. In the first appeal, the Supreme Court remanded the case to the district court for further remand to the county board of county commissioners (the Commission) to make adequate findings of fact on specific issues. While the case was pending before the Court, the legislature amended Wyo. Stat. Ann. 24-9-101, which governs the procedure used when petitioning for the establishment of a private road. On remand, the Commission and its hearing officer chose to apply the statute as amended in 2008 and 2009, although the case had originally proceeded under the statute as it existed in 2005. Mullinax filed a petition for writ of review, arguing that the 2005 version of the statute should apply to the proceedings. The district court denied the petition. The Supreme Court reversed, holding that the hearing officer's decision to apply the statute as it existed in 2009 was in error, as, while the amendments to the statute were procedural in nature, the general rule against retroactive application of the amendment applied. Remanded. View "Mullinax Concrete Serv. v. Zowada" on Justia Law