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Snake River Brewing Company v. Town of Jackson

Supreme Court of Wyoming
39 P.3d 397 (2002)


Facts

In 1993, Snake River Brewing Company (plaintiff) obtained a building permit from the Town of Jackson (Town) (defendant) to build a restaurant and brewery. The zoning ordinance at the time allowed Snake River to choose from three methods of providing parking: on-site, off-site, and fee in-lieu-of parking. Initially, Snake River chose a combination of on-site and off-site parking. In 1995, the Town amended its zoning ordinances. Under the new ordinances, Snake River’s property was no longer in an area approved for payment of a fee in-lieu-of parking. In 1998, after the Town approved an expansion by Snake River, and after Snake River invested $1 million in that expansion, Snake River tried to utilize the fee-in-lieu-of parking option to compensate for problems with its prior off-site parking lease. The Town claimed that Snake River had abandoned the fee-in-lieu-of parking option by not adopting the option initially in 1993. Snake River responded that all its original options were grandfathered and still legal, even under the new zoning ordinances. The lower court granted summary judgment to the Town. Snake River appealed.

Rule of Law

Issue

Holding and Reasoning (Voigt, J.)

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