CIVIL ACTIONS

RMCC Inc. and IEC Real Estate Holdings v. Park County Commissioners.; Judge Bill Simpson is holding the plaintiffs’ application for entry of default in abeyance and has denied the defendant’s motion to set aside the entry of default. The plaintiffs had filed a declaratory judgement on the case, claiming the defense has not responded to their claims. Simpson is now requiring additional discovery between the parties and monthly status conferences. In February 2020, the plaintiff opened a case alleging they were not formally notified by the commissioners of a zoning change. The plaintiffs claim the zoning change disrupted the investment-backed expectations of RMCC and IEC, and is accusing the county of failure to follow development standards and regulations, statutory and regulatory procedure, violating Wyoming law for continuation of existing uses, and faulty resolutions in its decision. Because of such, the plaintiff is demanding a reclassification of the zoning. The commissioners made motions to dismiss both cases, which was denied for the second case. RMCC and IEC are petitioning the court that the commissioners did not adequately inform them of a zoning change to their Powell property in April 2019.

 CRIMINAL ACTIONS

State v. Sean Roberts; Roberts pleaded guilty to theft of property valued $1,000 or more. Roberts was sentenced to 3 years supervised probation, $3,679.77 in restitution, $310 in court fees and a 2-4 year suspended prison sentence with credit for 192 days served. Roberts stole a gas card from Pawnee Irrigation and illegally used it 36 times at Hobo Oil Co. from 2016-2017.

State v. Bryan Nihei; A May 18 change of plea and sentencing hearing has been set for Nihei. He is still in custody after being assessed a $20,000 cash bond. Nihei is facing charges for burglary to commit theft, a charge carrying up to 10 years in prison and $10,000 in fines. He is accused of being responsible for a string of car burglaries in Cody including a Feb. 1 incident in which he was detained by citizen’s arrest. 

State v. Matthew Melnar; Judge Bill Simpson denied the defendant’s motion for sentence reduction, his second appeal made for a reduction since he was incarcerated. In late 2018 Melnar pled guilty to second degree sexual assault of a minor and felony voyeurism and was sentenced to 5-7 years in prison. Melnar will not be allowed to make any more appeals for sentence reduction. 

State v. Trey Randolph; A May 24 sentencing has been set for Randolph. Randolph pleaded guilty in October 2020 to threatening to commit a violent felony with the intent to cause evacuation of a building or assembly, and a misdemeanor for threatening to inflict death on a person. He called in a phony bomb threat to Cody High School in 2016. 

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