Sand Dune Estates v. Kizzier Chevrolet Co.
Sand Dune Estates v. Kizzier Chevrolet Co.
Opinion of the Court
OPINION
Appellant Sand Dune Estates sought damages from Appellee Kizzier Chevrolet Company, Inc. for intentional interference with a contract and for wrongful execution by Kizzier upon property owned by Sand Dune. Sand Dune appeals the district court’s entry of summary judgment in favor of Kizzier.
We affirm.
Sand Dune presents the following issues:
1. Whether the court err[][]ed in finding that the filing of a lis pendens notice in accordance with W.S. 1-6-106 prior to property becoming delinquent for county property taxes in accordance with W.S. 39-3-202 prevents a tax deed from being given free and clear of the lis pendens encumbrance.
2. Whether the court err[ ][ ]ed when it found that the modular home was not sold for delinquent taxes contrary to evidence that was before the court.
3. Whether there is a factual issue as to whether the modular home was sold for delinquent taxes which should be tried by the court, and whether the court err[ ][ ]ed when it found no factual issue.
4. Whether the court err[ ][ ]ed when it found that Kizzier Chevrolet seized property that [it] had a right to seize, and consequently there could be no damages for wrongful interference with a contract or for damage to the plaintiff[ ]. In response, Kizzier states this issue:
1. Did the trial court err in granting summary judgment as a matter of law dismissing Appellant’s complaint alleging counts in wrongful interference with contract and wrongful execution?
Sand Dune also filed a complaint seeking to have the sheriff’s sale enjoined and to obtain damages for wrongful execution by Kizzier. The district court found that Kiz-zier’s execution was proper and denied in-junctive relief. Sand Dune appealed from that order, but this Court dismissed the appeal because it was not from a final order. Sand Dune filed an amended complaint which sought damages for wrongful interference with a contract
We note at the outset that we do not need to determine the issue of whether Kizzier’s lis pendens had priority over Sand Dune’s quitclaim deed because Sand Dune clearly posited the question of priority in its motion to quash the execution. The district court answered the question, finding that Kizzier’s execution was proper and that it had priority over Sand Dune’s claim. That decision became the law of the case, and Sand Dune did not seek to appeal the decision on any ground.
We hold that the principle of collateral estoppel prevented Sand Dune from reviving the priority issue in the subsequent litigation. Absent some recognized exception to its application, that doctrine prevents the relitigation of issues which were involved in prior litigation between the same parties. Osborn v. Manning, 798 P.2d 1208 (Wyo. 1990); Waggoner v. General Motors Corporation, 771 P.2d 1195 (Wyo. 1989); Rialto Theatre, Inc. v. Commonwealth Theatres, Inc., 714 P.2d 328 (Wyo. 1986). Sand Dune has not asserted
In addition, Sand Dune cannot maintain an action for wrongful interference with a contractual right when, to the extent there was interference with the rental agreement between Sand Dune and its tenant, Kizzier did so with judicial approval and in conformity with controlling law. In analyzing this issue, we must apply our usual rules governing the review of a summary judgment. See Wagner v. First Wyoming Bank, N.A. Laramie, 784 P.2d 224 (Wyo. 1989). We have identified the elements which must be proven by a plaintiff alleging tortious interference with a contract: (1) the existence of a contract; (2) the defendant’s knowledge; (3) intentional and improper interference inducing or causing a breach; and (4) resulting damages. First Wyoming Bank, Casper v. Mudge, 748 P.2d 713 (Wyo. 1988). Our decision in First Wyoming Bank, Casper also iterated that one who interferes with a contract by asserting a bona fide claim in good faith is not liable for tortious interference with contractual relations. The only actions taken by Kizzier which were alleged by Sand Dune to be improper were those which Kizzier took after receiving judicial approval. Such actions constitute the assertion of a bona fide claim. We hold that there was no genuine issue of material fact as to this essential element of Sand Dune’s claim and that, as a result, Kizzier was entitled to judgment as a matter of law.
Affirmed.
. Sand Dune had the property rented at the time the execution was carried out, and, as a result, its tenant vacated the property, damaging Sand Dune.
Reference
- Full Case Name
- Sand Dune Estates, a Wyoming Corporation, (Plaintiff) v. Kizzier Chevrolet Company, Inc., and Ronald L. Ketchum, as the Natrona County Sheriff, (Defendants).
- Status
- Published