Kunzelman, et al. v. Scottsdale, City of, et al.

Filing 73

ORDER denying 28 Motion for Partial Summary Judgment; granting in part and denying in part 63 Motion for Summary Judgment. The Motion is granted with respect to the facial takings challenge and the substantive due process challenge to the Ordinan ce under 42 U.S.C. § 1983. The Motion is denied in all other respects; Plaintiffs' as-applied takings challenge under 42 U.S.C. § 1983 is dismissed without prejudice. The Clerk of the Court is directed to remand this action to the Maricopa County Superior Court. (See document for full details). Signed by Judge G Murray Snow on 8/10/11. (Attachments: # 1 Copy of Remand Letter)(LAD)

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UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA OFFICE OF THE CLERK RICHARD H. WEARE RONNIE HONEY DISTRICT COURT EXECUTIVE / CLERK OF COURT SANDRA DAY O’CONNOR U. S. COURTHOUSE, SUITE 130 401 WEST WASHINGTON STREET, SPC 1 PHOENIX, ARIZONA 85003-2118 CHIEF DEPUTY CLERK SANDRA DAY O’CONNOR U. S. COURTHOUSE, SUITE 130 401 WEST WASHINGTON STREET, SPC 1 PHOENIX, ARIZONA 85003-2118 Visit our website at www.azd.uscourts.gov MICHAEL O'BRIEN CHIEF DEPUTY CLERK EVO A. DECONCINI U.S. COURTHOUSE 405 W. CONGRESS, SUITE 1500 TUCSON, ARIZONA 85701-5010 August 10, 2011 Clerk's Office Maricopa County Superior Court 201 West Jefferson St. Phoenix, AZ 85003-2205 ATTN: Civil File Counter RE: REMAND TO MARICOPA COUNTY SUPERIOR COURT District Court Case Number: CV-10-56-PHX-GMS Superior Court Case Number: CV2009-025913 Dear Clerk of Court: Enclosed is a certified copy of the Order entered in this Court on August 10, 2011, remanding the above case to Maricopa County Superior Court for the State of Arizona. Sincerely, RICHARD H. WEARE, DCE/CLERK OF COURT S/L. Dixon L. Dixon, Deputy Clerk Enclosure cc: all counsel The staff of the Clerk’s Office ensures the effective, efficient and professional delivery of clerical and administrative services, while fostering a customer-friendly and employee-friendly environment.

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