Public Use of SVRA Common Area – Status Quo To Continue
According to the Court’s summary judgment decision in the Kittleson/Daley lawsuit (Lincoln County Civil Action No. 2018-115-DC), public use of SVRA Common Area is disallowed. SVRA, however, filed a motion to “stay” this decision pending final ruling of the Wyoming Supreme Court on appeal. The motion cites the significant tradition of public use at SVRA dating back several decades and the financial implications of lost public revenue/fees.
Based on arguments presented by counsel for SVRA, the Court granted SVRA’s motion for a stay and concluded that “good cause exists to preserve the status quo.” Pursuant to Court order, public use of SVRA Common Area may therefore continue for the foreseeable future—until SVRA is able to appeal and/or the Wyoming Supreme Court issues its determinative ruling on the question of public use. The trial for Plaintiffs’ other claims in the lawsuit (involving alleged annual assessment overcharges) has been set for August 19 and 20, 2020 in Kemmerer, Wyoming. The appeal of the district court’s public use ruling will not be filed until after trial and decision on annual assessment claims.
In light of the above, it will be business as usual this summer and into the foreseeable future. The Board looks forward to continuing to offer all of the great activities and experiences that you have come to expect!
Because the lawsuit is ongoing, on advice of counsel, members of the Board are not at liberty to discuss the case in any detail or share their thoughts regarding the Plaintiffs’ claims. All filings in the case are a matter of public record. The Court’s order granting the stay may be accessed here.