Bush’s trees had leafy spurge. “Hey,” said the Weed and Pest Control District, “we’ve got this herbicide stuff. How about we spray your trees free of charge? That will get rid of the leafy spurge.”
“Sure,” responded Bush.
Problem was the herbicide not only killed the leafy spurge. It (allegedly) killed some of the trees. The District’s investigation determined the spraying wasn’t negligent, but that the District hadn’t followed the herbicide label warnings.
Bush filed a claim with the District, but received no response. Tired of waiting, it filed an inverse condemnation action in state court.
The Wyoming Supreme Court agreed with the trial court that the inverse case wasn’t ripe.
In Bush Land Dev. Co. v. Crook County Weed & Pest Control Dist., No. S-16-0149 (Feb. 3, 2017), the court concluded Bush had an obligation to exhaust administrative remedies. A Wyoming statute, you see, provides that an owner who claims that the District’s activities damaged land must first allow a board of three freeholders to evaluate the claim and order compensation if warranted.
The court held this statute required Bush to go that route, and he could not come directly to court. Thus, the court concluded (under the rationale of Williamson County), the government could not be liable for a taking without compensation because Bush might have received compensation had he pursued his administrative remedy
Bush Land Dev. Co. v. Crook County Weed & Pest Control District, No. S-16-0149 (Wy. Feb. 3, 2017)