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Thompson v. Board of County Commissioners of the County of Sublette11/8/2001
Appeal from the District Court of Sublette County
The Honorable Nicholas G. Kalokathis, Judge
[ ] This is an appeal from a district court order enjoining the Thompsons from using their land for activities associated with a log home business and a ski enterprise on the ground that those activities violated Sublette County zoning regulations. We affirm the district court order.
ISSUES
[ ] The parties raise the following issues:
I. Whether the trial court erred in finding that the appellants failed to establish estoppel as a defense.
II. Whether the trial court erred in finding that the appellants failed to establish laches as a defense.
III. Whether the trial court erred in finding that activities of appellants relating to White Pine are not authorized within an agricultural district (A-1) zone.
FACTS
[ ] The Thompsons own a parcel of land located in Sublette County which is zoned A-1 agricultural. Pursuant to the county zoning regulations, the authorized uses of the land relevant to this case include general agricultural uses and outdoor recreation facilities for hunting, fishing, horseback riding, hiking, or winter sports uses incidental to the principal agricultural use.
[ ] The Thompsons use the land in part for ranching. Beginning in 1991 and, they allege, in reliance on statements made to them by the county zoning administrator and a former county commissioner, the Thompsons began remodeling and new construction of buildings on the property for use in connection with two businesses in which they were involved, Logcrafters, a log home building venture, and White Pine, a ski area. Although the main activities of both businesses take place off the premises, the Thompson property was used for storage, maintenance of equipment, administrative offices, and design work in connection with the businesses.
[ ] Over the years, neighbors periodically complained about the increase in local traffic, dust, noise, use of heavy equipment, and decline in property value which allegedly resulted from the activities on the Thompson property. Finally, in September of 1998, the Board of County Commissioners of Sublette County filed a complaint for injunctive relief in district court alleging that the activities on the Thompson property associated with Logcrafters and White Pine violated county zoning regulations. After a bench trial on August 23, 1999, the court held that the activities were not authorized within an agricultural zone and entered an order granting a permanent injunction. The Thompsons timely appealed from the district court's order.
STANDARD OF REVIEW
[ ] Laches is a form of equitable estoppel. Goshen Irr. Dist. v. State Bd. of Control, 926 P.2d 943, 949 (Wyo. 1996); Squaw Mountain Cattle Co. v. Bowen, 804 P.2d 1292, 1297 (Wyo. 1991). These claims, therefore, are subject to the same standard of review.
[ ] Whether laches or, by analogy, equitable estoppel is available as a defense is a question addressed to the sound discretion of the district court. Moncrief v. Sohio Petroleum Co., 775 P.2d 1021, 1025 (Wyo. 1989). Our review of the Thompsons' first two claims, therefore, must focus upon whether or not the trial court abused its discretion in finding that equitable estoppel and laches were not defenses to the county commissioners' claim for injunctive relief. Id. Under the abuse of discretion standard, we determine whether the trial court could reasonably conclude as it did and whether any part of its ruling was arbitrary or capricious. Vaughn v. State, 962 P.2d 149, 152 (Wyo. 1998).
[ ] The Thompsons' third
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