Gess v. Flores

VOIGT, Justice,

dissenting.

[¶ 4] I respectfully dissent because I be-Heve this Court's decision in Brown v. City of Casper, 2011 WY 35, 248 P.3d 1136 (Wyo.2011) is wrong and should not, therefore, form the basis for an opinion in this case. See Brown, ¶¶ 57-59, at 1150 (Voigt, J., dissenting). Furthermore, I believe that Wyo. Stat. Ann. § 1-89-114 (LexisNexis 2009) is a jurisdictional statute of limitations that is part of the right created by the Wyoming Governmental Claims Act. See Bell v. Schell, 2004 WY 153, ¶¶ 27-29, 101 P.3d 465, 472-74 (Wyo.2004). Finally, the savings statute should not and does not apply to actions filed under the Wyoming Governmental Claims Act. Hall v. Park County, 2010 WY 124, ¶ 14, 238 P.3d 580, 585 (Wyo.2010). I would answer "no" to both certified questions.