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eBook details

• Title: State v. Kraus
• Author : Wyoming Supreme Court
• Release Date : January 10, 1985
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

The essential questions that we must treat with in this case relate to reviewability of decisions of the Motor Vehicle Division of the Department of Revenue and Taxation. In one appeal we are concerned with the application of the Wyoming Declaratory Judgment Act, § 1-37-101 et seq., W.S. 1977, to the revocation of drivers licenses by the Motor Vehicle Division. In the other appeal we must address the application of the Wyoming Administrative Procedure Act to an attempt to review a refusal by the Motor Vehicle Division to restore a drivers license. Two district courts of the State of Wyoming assumed jurisdiction over proceedings brought to challenge the revocation of drivers licenses, one pursuant to the Uniform Declaratory Judgment Act and the other as a matter of review pursuant to the Wyoming Administrative Procedure Act. Both district courts entered judgments requiring the restoration of the respective drivers licenses, and the Motor Vehicle Division of the Department of Revenue and Taxation has taken an appeal from those decisions. With respect to the requirement that the drivers licenses be restored the Motor Vehicle Division contends that the decision of this court in State ex rel. Motor Vehicle Division v. Holtz, Wyo., 674 P.2d 732 (1983), should not have been given retrospective application by the district courts. We conclude that the respective district courts have jurisdiction over the proceedings presented to them, and correctly held that the several drivers licenses should be restored.

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