(DOWNLOAD) "River Springs v. County Comrs of Teton" by Supreme Court of the United States " eBook PDF Kindle ePub Free
eBook details
- Title: River Springs v. County Comrs of Teton
- Author : Supreme Court of the United States
- Release Date : January 19, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
These consolidated cases require us to revisit the definition of minerals in the context of the language in WYO. STAT. § 18-5-201 (1977), which limits the zoning authority of a board of county commissioners so it cannot "prevent any use or occupancy reasonably necessary to the extraction or production of the mineral resources in or under any lands subject thereto." The cases come before us by virtue of questions certified to this court pursuant to WYO.R.APP.P. 11 from the District Court of the Ninth Judicial District in and for Teton County, which we agreed to answer. The primary issue is whether sand, gravel, rock, and limestone are "mineral resources" within the intent of WYO. STAT. § 18-5-201. Collateral issues are raised with respect to preemption by the Wyoming Environmental Quality Act (EQA), WYO. STAT. § 35-11-101 to -1428 (1994) of any regulatory authority by a board of county commissioners or, in the alternative, the extent of the limitation on the authority of the board of county commissioners by the combined thrust of these statutes. We answer the certified questions by holding that sand, gravel, rock, and limestone are not minerals for purposes of WYO. STAT. § 18-5-201. There is no inhibition by that statute upon the authority of the board of county commissioners to limit land use by foreclosing the extraction of sand, gravel, rock, and limestone. The authority of the county to prohibit land use is not preempted but, if extraction is permitted by the board of county commissioners, the authority to regulate the mining process is assigned by statute to the Department of Environmental Quality (DEQ). We remand the cases to the district court for further proceedings in accordance with this opinion.
 "River Springs v. County Comrs of Teton" by Supreme Court of the United States " eBook PDF Kindle ePub Free){kind=link}