Aspen Valley Ranch, LLC v. Board of County Commissioners of Pitkin County, Colorado

Filing 31

ORDER granting 30 Joint Motion for Stay of Proceedings. Case is stayed until 11/30/09. If not dismissed before that date, Status Report due by 12/1/2009. Denying without prejudice 5 Motion for Order to Certify Records, by Judge Walker D. Miller on 9/1/09.(gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO SENIOR JUDGE WALKER D. MILLER Civil Action No. 08-cv-02363-WDM-MJW ASPEN VALLEY RANCH, LLC, Plaintiff, v. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, Defendant. ORDER ON MOTION TO STAY Miller, J. This case is before me on the Joint Motion for Stay of Proceedings (doc no 30). This case concerns the decision by the Pitkin County Board of County Commissioners to condition a land use approval issued to Plaintiff on a determination of whether a public road traverses Plaintiff's property. The parties indicate that they are negotiating the terms of a proposed settlement that, if successfully concluded, will resolve all the issues in this case. They request a stay of the proceedings, to and including November 30, 2009, in order to continue the negotiations. Accordingly, it is ordered: 1. The Joint Motion for Stay of Proceedings (doc no 30) is granted. This case is stayed until November 30, 2009. If the case is not dismissed before that date, the parties shall file a status report on December 1, 2009, advising of the status of the matter and the parties' intent. 2. The Motion for Order to Certify Record (doc no 5) filed by Plaintiff is

denied without prejudice to refiling in the event that litigation recommences. DATED at Denver, Colorado, on September 1, 2009. BY THE COURT:

s/ Walker D. Miller United States Senior District Judge

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