Wyoming Statutes

Wyo. Stat. § 15-1-409 (2026)

Annexing territories; appeal; determination;

✓ current as of May 2026

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time for review; exclusiveness of appeal remedy.

     (a) If any landowner in the territory proposed to be
annexed or any owner of real property in the annexing city or
town, or utility is aggrieved by the acts of the governing body,
he may appeal to the district court for a review of the acts or
findings thereof.

     (b) If the court determines that the action taken was
capricious or arbitrary, or if it appears from the evidence that
the landowner's right in his property is being unwarrantedly
invaded or that the governing body abused its discretion, the
court shall declare the annexing ordinance void. If the court
determines the action of the governing body was proper and
valid, it shall sustain the ordinance.

     (c) All proceedings to review the findings and the
decisions of the governing body or actions to determine the
validity of the annexation ordinance pursuant to the Uniform
Declaratory Judgments Act shall be brought within sixty (60)
days of the effective date of the annexation ordinance, and if
not brought within that time are forever barred.

Notes of Decisions

Cited in 6 cases, 2001–2018 · leading case: Bd. of Cty. Com'rs of Laramie v. Cheyenne, 2004 WY 16 (Wyo. 2004).

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Bd. of Cty. Com'rs of Laramie v. Cheyenne, 2004 WY 16 (Wyo. 2004). · cites it 24× “[¶ 3] After the annexation ordinance was adopted, both the Cottons and the County filed appeals in the district court pursuant to Wyo. Stat. Ann. § 15-1-409 (LexisNexis 2003) in which they contended that the City had abused its discretion, acted arbitrarily and capriciously, and…”

BJ Hough, LLC v. City of Cheyenne, 287 P.3d 761 (Wyo. 2012). · cites it 8× “§ 15-1-409 (a) (LexisNexis 2011) provides as follows: (a) If any landowner in the territory proposed to be annexed or any owner of real property in the annexing city or town, or utility is aggrieved by the acts of the governing body, he may appeal to the district court for a…”

Britain v. Britain (In re Est. of Britain), 425 P.3d 978 (Wyo. 2018). · cites it 3× “In that case, we held the procedure in Wyo. Stat. Ann. § 15-1-409 (a) (LexisNexis 2003) for annexed landowners to challenge an annexation decision did not provide an exclusive remedy.”

Bd. of Cnty. Commissioners v. City of Cheyenne, 85 P.3d 999 (Wyo. 2004). · cites it 16× “[¶ 3] After the annexation ordinance was adopted, both the Cottons and the County filed appeals in the district court pursuant to Wyo. Stat. Ann. § 15-1-409 (LexisNexis 2003) in which they contended that the City had abused its discretion, acted arbitrarily and capriciously, and…”

Kroenlein v. Eddington, 2001 WY 115 (Wyo. 2001). · cites it 7× “[T11] Similarly, Wyo. Stat. Ann. § 15-1-409 (a) provides standing to resident property owners if aggrieved by the acts of the governing body because of a failure to comply with the annexation statues.”

Cox v. City of Cheyenne, 2003 WY 146 (2003). · cites it 6× “In making this determination, the district court concluded that Wyo. Stat. Ann. § 15-1-409 (a) (LexisNexis 2008) granted standing to challenge annexation to only two classes of individuals, city residents and the owners of the property being annexed, thereby impliedly precluding…”

— Wyo. Stat. § 15-1-409(2) — 1 case

BJ Hough, LLC v. City of Cheyenne, 287 P.3d 761 (Wyo. 2012). “§ 15-1-409 (a) (LexisNexis 2011) provides as follows: (a) If any landowner in the territory proposed to be annexed or any owner of real property in the annexing city or town, or utility is aggrieved by the acts of the governing body, he may appeal to the district court for a…”

— Wyo. Stat. § 15-1-409(a) — 3 cases

Britain v. Britain (In re Est. of Britain), 425 P.3d 978 (Wyo. 2018). “In that case, we held the procedure in Wyo. Stat. Ann. § 15-1-409 (a) (LexisNexis 2003) for annexed landowners to challenge an annexation decision did not provide an exclusive remedy.”

Kroenlein v. Eddington, 2001 WY 115 (Wyo. 2001). “[T11] Similarly, Wyo. Stat. Ann. § 15-1-409 (a) provides standing to resident property owners if aggrieved by the acts of the governing body because of a failure to comply with the annexation statues.”

— Wyo. Stat. § 15-1-409(b) — 1 case

Bd. of Cty. Com'rs of Laramie v. Cheyenne, 2004 WY 16 (Wyo. 2004). “[¶ 3] After the annexation ordinance was adopted, both the Cottons and the County filed appeals in the district court pursuant to Wyo. Stat. Ann. § 15-1-409 (LexisNexis 2003) in which they contended that the City had abused its discretion, acted arbitrarily and capriciously, and…”

— Wyo. Stat. § 15-1-409(c) — 1 case

Cox v. City of Cheyenne, 2003 WY 146 (2003). “In making this determination, the district court concluded that Wyo. Stat. Ann. § 15-1-409 (a) (LexisNexis 2008) granted standing to challenge annexation to only two classes of individuals, city residents and the owners of the property being annexed, thereby impliedly precluding…”

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