Emulsified Asphalt, Inc. of Wyoming v. Transportation Com'n of Wyoming
In Emulsified Asphalt, Inc. of Wyoming v. Transportation Com'n of Wyoming, 970 P.2d 858 (Wyo. 1998), the Court revisited the doctrine of statutory repeal by implication.
In a limited number of cases, we have held that the legislature repealed a statute by implication, 4 but "our longstanding rule that repeals by implication are not favored and will not be indulged if there is any other reasonable construction" continues to be the law. Emulsified Asphalt, Inc. of Wyoming, 970 P.2d at 863.
"The party asserting implied repeal bears the burden of demonstrating beyond question that the legislature intended that its later legislative action evinced an unequivocal purpose of effecting a repeal." Id.
"It must be shown that the later statute is so repugnant to the earlier one that the two cannot logically stand together, or that the whole subject of the earlier statute is covered by the later one having the same object, clearly intending to prescribe the only rules applicable to the subject." Emulsified Asphalt, Inc. of Wyoming, 970 P.2d at 863.