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

Filing 201

Minute Entry - Courtroom Minutes for Motions Hearing held on 6/28/2010 before Judge Richard P. Matsch. ORDERED: Plaintiffs' Motion for Leave to File Surreply and Submission of Supplemental Authority in Opposition to Pitkin Countys Reply in Suppo rt of Pitkin County's Combined Motion for Summary Judgment and Motion to Dismiss, in Part, for Lack of Subject Matter Jurisdiction, filed April 28, 2010 194 , is granted. Defendant Planning and Zoning Commission of the Town of Basalt's Re newed Motion for Summary Judgment, filed December 4, 2009 171 , will be granted and defendant Planning and Zoning Commission of the Town of Basalt will be dismissed by written order. Pitkin County's Combined Motion for Summary Judgment and Motion to Dismiss, in Part, For Lack of Subject Matter Jurisdiction, filed November 30, 2009 168 , is taken under advisement. (Reporter FTR - K. Terasaki) (rpmcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Date: June 28, 2010 Courtroom Deputy: J. Chris Smith FTR Technician: Kathy Terasaki ____________________________________________________________________________________ Civil Action No. 05-cv-01673-RPM GRACE CHURCH OF THE ROARING FORK VALLEY, a Colorado non-profit corporation, TERRY MANER, and E. WAYNE STARR, as members of the Church and participants therein, Plaintiffs, v. BOARD OF COUNTY COMMISSIONERS OF PITKIN, PITKIN COUNTY, STATE OF COLORADO, DOROTHEA FARRIS, JACK HATFIELD, PATTI KAY-CLAPPER, MICK IRELAND, MICHAEL OWSLEY, individually and in their official capacity, and PLANNING AND ZONING COMMISSION OF THE TOWN OF BASALT, BASALT, STATE OF COLORADO, Josh A. Marks Justin C. Berg Daniel P. Dalton Robert A. Lees

Thomas F. Smith

Defendants. ____________________________________________________________________________________ COURTROOM MINUTES ____________________________________________________________________________________ Hearing on Pending Motions 1:57 p.m. Court in session.

Plaintiffs Terry Maner and Wayne Starr present. Court's preliminary remarks. ORDERED: Plaintiffs' Motion for Leave to File Surreply and Submission of Supplemental Authority in Opposition to Pitkin County's Reply in Support of Pitkin County's Combined Motion for Summary Judgment and Motion to Dismiss, in Part, for Lack of Subject Matter Jurisdiction, filed April 28, 2010 [194], is granted. Argument by Mr. Smith [171]. Argument by Mr. Dalton.

2:02 p.m. 2:10 p.m.

June 28, 2010 05-cv-01673-RPM ORDERED: Defendant Planning and Zoning Commission of the Town of Basalt's Renewed Motion for Summary Judgment, filed December 4, 2009 [171], will be granted and defendant Planning and Zoning Commission of the Town of Basalt will be dismissed by written order. Argument by Mr. Marks. Argument by Mr. Dalton. Mr. Lees answers questions asked by the Court (Emma bldg.). Argument by Mr. Marks. Pitkin County's Combined Motion for Summary Judgment and Motion to Dismiss, in Part, For Lack of Subject Matter Jurisdiction, filed November 30, 2009 [168], is taken under advisement. Court in recess.

2:14 p.m. 2:40 p.m. 3:02 p.m. ORDERED:

3:13 p.m.

Hearing concluded. Total time in court: 1 hr. 16 min.

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