Annexation Referendum Declaratory Judgment
At a glance
- What: Authorization for the City Attorney to file a declaratory judgment action under the Uniform Declaratory Judgments Act asking a court whether an annexation ordinance is subject to the municipal referendum process, or whether the annexation-challenge procedure of Wyoming Statute 15-1-409 controls to the exclusion of the referendum.
- Where it stands: Authorized on 2026-08-10 after an executive session; Moody voted no. The minutes do not say whether a case was filed.
- Why it matters: The question bears on whether residents can force a referendum on the annexation ordinances Council has been adopting; see Roundtop Road Business Park Annexation and South Greeley Highway Sweetgrass Annexation. The minutes do not state which ordinances prompted the action.
Details
- Council met in executive session under Wyoming Statute 16-4-405(a)(iii). Mayor Collins announced that action might follow and that the regular meeting would not conclude at the end of the session. Staff present: Amber Ash (the Mayor's Chief of Staff), City Attorney Brodie and Kylie Soden. The Clerk's note says Laybourn left before the executive session.
- In open session Segrave moved to authorize the City Attorney to investigate, prepare and, in the exercise of professional judgment, commence and prosecute the action. Esquibel seconded. Carried; all members present voted yes except Moody (no). Wolfe was absent.
- Comments came from Aldrich, Mayor Collins, Emmons, Esquibel, Moody, Segrave and White. The minutes do not record their content.
Sources
- City Council minutes, August 10, 2026: https://www.cheyennecity.org/Your-Government/City-Council/Minutes-and-Agendas
Log
2026-08-10 - City Council
Executive session, then authorization of the declaratory judgment action; Moody no.