Rocky Mountain Oil and Gas Association, a Non-Profit Corporation, Acting Through Its Wyoming Division, the Petroleum…

Summary

The court held that sovereign immunity did not bar an action seeking only a declaration of the parties' rights and the validity or construction of agency regulations, where no money judgment was sought. It also held that declaratory relief could proceed independently of administrative review because the action challenged the agencies' legal authority and the parties' legal relations, rather than asking the court to make administrative decisions in the first instance. The dismissal was reversed and the case was remanded with directions to deny the amended motion to dismiss. Rose, C.J., and Thomas, J., dissented, principally contending that the action was untimely, unripe, and barred by failure to exhaust administrative remedies.