(DOWNLOAD) "Carter v. Board of County Comrs of Cty of Laramie" by Supreme Court of Wyoming ~ Book PDF Kindle ePub Free
eBook details
- Title: Carter v. Board of County Comrs of Cty of Laramie
- Author : Supreme Court of Wyoming
- Release Date : January 31, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Plaintiffs, Laramie County residents and property owners, sought a declaratory judgment to restrain the board of county commissioners from enforcing a July 11, 1972, zoning resolution without having conducted a public election as required by § 18-284 (c. 6, Title 10 ), W.S. 1957, and including an area beyond the three-mile limit prescribed in § 18-281 of the same chapter and title. According to the facts stipulated by the parties, the board had not pretended to comply with the mentioned statutes but instead purported to act under the authority of c. 6.1, Title 18 (§§ 18-289.1 to 18-289.9), W.S. 1957, 1973 Cum. Supp., first passed in 1959 and amended in 1967. The district court decided for the defendant, dismissing the complaint of plaintiffs, who have appealed, arguing that the commissioners were required to conduct an election before establishment of zoning, that the zoning resolution was invalid as exceeding the jurisdictional limitations, and that the provisions of c. 6.1 were unconstitutional as an invalid delegation of legislative authority granted to the county and to the planning and zoning commission. The defendant responds that the provisions of c. 6 are not applicable and that c. 6.1, providing for the establishment of zoning regulations by the board of county commissioners upon the recommendation of a county planning and zoning commission within the county, is a valid and enforceable legislative act and is not an unconstitutional delegation of legislative power to either the board or the commission.
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