Casper Property Owners Sue State Over Gravel Pit Leases, Claim Rights Violations

CASPER — A group of local residents are suing the Wyoming State Board of Land Commissioners, claiming their civil rights were violated when they weren’t given a chance to weigh in on a series of Casper Mountain state land leases to mine gravel.

The Casper Mountain Preservation Alliance and six named Casper Mountain residents filed their lawsuit in Natrona County District Court late Friday against the Wyoming Board of Land Commissioners and individual members of the land board, which include the top five elected officials in Wyoming: Gov. Mark Gordon, Secretary of State Chuck Gray, Treasurer Curt Meier, Auditor Kristi Racines and Superintendent of Public Instruction Megan Degenfelder.

They claim they should have been given an opportunity to comment on gravel mining company Prism Logistics’ plans before the land board approved the leases in June and October 2023. The individuals named as plaintiffs all have properties adjoining the state lands.

“The leases … were entered into by the board without first providing reasonable and meaningful notice or opportunity to be heard by plaintiffs — or anyone else in the general public,” the lawsuit says. 

The filing charges that the land board violated the 14th Amendment of the U.S. Constitution and the Wyoming Constitution’s Declaration of Rights for “depriving any person of property without due process of law.”

Casper Mountain Preservation Alliance Chair Carolyn Griffith said the lawsuit is “basically asking everybody to do their job.” 

She said her group never had a chance to talk about the fragility of the water table at the base of the mountain or other environmental concerns prior to the leases being granted.

“If they had given us notice, they would have been able to make a more educated decision,” she said. “I’m not saying that necessarily would go our way or not, but at least we know that they would have known.”

After several local hearings where members of the alliance and other residents protested the proposed gravel pit, the Natrona County commissioners essentially killed the plan in September. However, Prism filed a lawsuit challenging that denial last month, asking the court for a judicial review of the decision.

Property Interests

The lawsuit by the property owners states that their interests include the ability for “use and enjoyment” of property by owners without unreasonable interference and that gravel mining would interfere with both.

It also alleges that property interests include the ability to “appear and object to proposed government land leases for industrial gravel mining and to see reasonable restrictions and/or limitations on such mining …”

The lawsuit cites both federal and Wyoming Supreme Court cases, including a U.S. 10th Circuit Case, Lentsch v. Marshall, from 1984 that pulls from constitutional principles that  “where a state seeks to terminate a life, liberty or property interest, the state must afford notice and an opportunity for hearing, appropriate to the care before termination.”

The filing charges that the land board provided no opportunity for the plaintiffs or the public to know about Prism Logistics ‘intent to lease the land for gravel mining. 

It also claims the land board’s language and minutes from June 1, 2023, for six approved leases in its consent agenda, and agenda and minutes from Oct. 2, 2023, for two additional leases under its consent agenda with no reference to any specifics or lease intentions.

“Plaintiffs discovered the existence of the leases through happenstance, as one of the lessee’s agents was seen operating a backhoe on the school section,” the suit states, referencing the parcel of land at the base of Casper Mountain proposed for gravel mining. “Prior to this moment, the plaintiffs had no idea about Prism’s intentions for the leased lands, or the state’s involvement therein.”

The suit states that the land board expressed “individual condolences” for the homeowners but refused to cancel the leases. 

It also claims that members of the land board “expressed confusion and a lack of knowledge of the process of attempting to provide notice” to the plaintiffs and “ultimately conceded” that the process may not have followed the Wyoming Constitution’s “requirements” for notification.

The Request

The lawsuit asks the court to find that the plaintiffs’ civil rights were violated and to declare the eight leases obtained by Prism Logistics “void.” It also asks for reimbursement of all attorney fees, costs and expenses.

“This Court can reverse this injustice by voiding the leases and, so long as proper notice is provided before these lands are leased again, this court can declare that blatant disregard of fundamental fights guaranteed by the Wyoming Constitution will not occur on this court’s watch,” the lawsuit says.

Office of State Lands and Investments spokesperson Melissa DeFratis said the land board is aware of the lawsuit and there would be no comment because it’s pending litigation.

In addition to the nonprofit Casper Mountain Preservation Alliance, individual property owners who are named plaintiffs in the suit include Griffith, Michael Fernald, Todd and Elizabeth Romsa, Walter Merschat, Jamie Bilek and Pat Sullivan.

A separate lawsuit filed Oct. 17 by mining firm Prism Logistics is asking the court to rule on the Natrona County Board of Commissioners authority over state lands with its zoning ordinance. 

The county board voted Sept. 17 to amend the county’s zoning ordinance removing mining as an allowable use in the mountain residential zone. All the state land leases acquired by Prism Logistics sit in that zone.

Dale Killingbeck can be reached at dale@cowboystatedaily.com.