Grace Church of the Roaring Fork Valley et al v. Pitkin, County of et al

Filing 161

ORDER Re: 160 Stipulation. 1. The Pitkin County Defendants are barred from asserting the affirmative defense of failing to join George Newman and Rachel Richards as necessary and indispensable parties. 2. The withdrawal of the Plaintiffs' 155 Motion for Joinder of Additional Defendants is granted. Signed by Judge Richard P. Matsch on 9/15/2009.(rpmcd)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 05-cv-01673-RPM-CBS GRACE CHURCH OF ROARING FORK VALLEY, a Colorado Non-Profit Corporation, TERRY MANER, and E. WAYNE STARR, as members of the Church and participants herein, Plaintiffs, v. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, STATE OF COLORADO; DOROTHEA FARRIS; JACK HATFIELD; PATTI KAY-CLAPPER; MICK IRELAND; MICHAEL OWSLEY, Individually and in their official capacity; PLANNING AND ZONING COMMISSION OF THE TOWN OF BASALT, BASALT, STATE OF COLORADO, Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ Upon consideration of the Stipulation [160], filed on September 11, 2009, it is ORDERED that: 1. The Pitkin County Defendants are barred from asserting the affirmative defense of failing to join George Newman and Rachel Richards as necessary and indispensable parties. 2. The withdrawal of the Plaintiffs' Motion for Joinder of Additional Defendants is granted. DATED this 15th day of September, 2009. BY THE COURT: s/Richard P. Matsch _________________________________ Richard P. Matsch, Senior District Judge