(Internal citations omitted.) [¶ 8] The appellee cites two cases — Frankel v. Board of County Commissionersof Teton County, 2002 WY 13, 39 P.3d 420 (Wyo. 2002) and Board of County Commissioners, Albany County v. Federer Development Co., 682 P.2d 1062 (Wyo. 1984) — for the proposition that this Court "has repeatedly applied these contested case requirements to decisions of county commissioners in deciding subdivision and development permit issues." In neither case, however, was the question of whether a subdivision permit application requires a contested case hearing raised directly.
In re Conflicting Lease Application for Wyoming Agr. Lease No. 1-7027, 972 P.2d 586, 586-88 (Wyo. 1999). See also Frankel v. Board of County Com'rs of Teton County, Wyoming, 2002 WY 13, ¶ 9, 39 P.3d 420, 423 (Wyo. 2002); Disciplinary Matter of Billings, 2001 WY 81, ¶ 41, 30 P.3d 557, 572 (Wyo. 2001); Dorr v. Wyoming Bd. of Certified Public Accountants, 2001 WY 37, ¶ 13, 21 P.3d 735, 742 (Wyo. 2001); In re Worker's Compensation Claim of Shryack, 3 P.3d 850, 856 (Wyo. 2000); and In re Worker's Compensation Claim of Keck, 985 P.2d 430, 433 (Wyo. 1999). See W.R.A.P. 12.12, which states:
[¶ 20] In reviewing whether an abuse of discretion has occurred, we must make an in depth review of the record before us. If the record is not adequate for us to make such a review, we may remand the matter back for further proceedings and the development of the bases used by the court for its determination. Frankel v. Board of County Comm'rs of Teton County, 2002 WY 13, ¶ 12, 39 P.3d 420, ¶ 12 (Wyo. 2002); Gillis v. F A Enterprises, 813 P.2d 1304, 1308 (Wyo. 1991); Board of County Comm'rs of Teton County v. Teton County Youth Servs., Inc., 652 P.2d 400, 411-14 (Wyo. 1982). [¶ 21] Our review of the record evidences no adequate bases for the ultimate conclusion made by the district court that Action should forfeit $3,500.
[¶ 11] In reviewing whether or not an abuse of discretion has occurred, we make an in depth review of the record before us. If the record is not adequate, we may remand the matter back for further proceedings and the development of the bases used by the court for its determination. Frankel v. Board of County Comm'rs of Teton County, 2002 WY 13, ¶ 12, 39 P.3d 420, ¶ 12 (Wyo. 2002); Gillis v. F A Enterprises, 813 P.2d 1304, 1308 (Wyo. 1991); Board of County Comm'rs of Teton County v. Teton County Youth Servs., Inc., 652 P.2d 400, 411-14 (Wyo. 1982). [¶ 12] Our review of the record evidences no adequate basis for the determination made by the district court that Northwest should forfeit $5,000.