Cross Continent Development, LLC v. Town of Akron, Colorado et al
Filing
150
FINAL JUDGMENT. ORDERED that final judgment is hereby entered in favor of Defendants, Town of Akron, Colorado, a Colorado municipal corporation; The Akron Town Council; Carl S. Mcguire II, Esq., in his official capacity as Attorney for the Town of Akron; the Board of Trustees of the Town of Akron; and The Colorado Plains Regional Airport Development Committee, and against Plaintiff, Cross Continent Development, LLC, a Colorado limited liability corporation, on Plaintiff's claims of Bre ach of Contract, Fourteenth Amendment - Procedural Due Process, and Fourteenth Amendment - Substantive Due Process claims. ORDERED that plaintiffs second amended complaint and this civil action are dismissed with prejudice. ORDERED that Defendants shall have their costs by the filing of a Bill of Costs with the Clerk of this Court within fourteen (14) days of entry of judgment by Clerk on 09/06/12. Approved as to Form by Chief Judge Wiley Y. Daniel (jjhsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 09-cv-02413-WYD-KMT
CROSS CONTINENT DEVELOPMENT, LLC, a Colorado limited liability corporation,
Plaintiff,
v.
TOWN OF AKRON, Colorado, a Colorado municipal corporation;
THE AKRON TOWN COUNCIL;
CARL S. McGUIRE II, Esq., in his official capacity as Attorney for the Town of Akron;
THE BOARD OF TRUSTEES OF THE TOWN OF AKRON; and
THE COLORADO PLAINS REGIONAL AIRPORT DEVELOPMENT COMMITTEE,
Defendants.
FINAL JUDGMENT
Pursuant to and in accordance with Fed. R. Civ. P. 58(a) and the orders entered during
the pendency of this case, the following FINAL JUDGMENT is hereby entered.
I.
Pursuant to Plaintiff's Unopposed Notice of Dismissal of Claims Against
Defendants Akron Town Council, the Board of Trustees of the Town of Akron and the Colorado
Plains Regional Airport Development Committee (ECF Doc. No. 122), filed on July 30, 2012, by
the Honorable Wiley Y. Daniel, Chief United States District Judge, and incorporated herein by
reference as if fully set forth, it is
ORDERED that defendants The Akron Town Council; The Board of Trustees of the
Town of Akron; and The Colorado Plains Regional Airport Development Committee are
DISMISSED.
II.
This matter came before the Court and a jury of ten duly sworn to try the matter
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on August 20, 2012, the Honorable Wiley Y. Daniel, United States District Judge, presiding. On
August 29, 2012, the jury returned its verdict as follows:
Verdict
I.
BREACH OF CONTRACT
1.
Do you find that Plaintiff Cross Continent Development, LLC has proven, by a
preponderance of the evidence, its claim against Defendant Town of Akron for breach of
contract?
Answer: No
If you answered "Yes" to Question 1, proceed to Question 2.
If you answered "No" to Question 1, do not answer the remaining question, and sign and date
the verdict form.
II.
DAMAGES
2.
What amount of damages will reasonably and fairly compensate the Plaintiff
Cross Continent Development, LLC for any losses suffered that were proximately caused by the
violation set forth in your answer to Question 1? Answer in dollars and cents in the space
below:
Compensatory Damages against Town of Akron: $____________
Verdict
I.
FOURTEENTH AMENDMENT - PROCEDURAL DUE PROCESS
1.
Do you find that Plaintiff Cross Continent Development, LLC has proven, by a
preponderance of the evidence, its claim against Defendant Town of Akron for violation of its
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federal constitutional right to procedural due process pursuant to 42 U.S.C. § 1983 and the 14th
Amendment to the United States Constitution?
Answer: No
Proceed to Question 2.
2.
Do you find that Plaintiff Cross Continent Development, LLC has proven, by a
preponderance of the evidence, its claim against Defendant Carl McGuire for violation of its
federal constitutional right to procedural due process pursuant to 42 U.S.C. § 1983 and the 14th
Amendment to the United States Constitution?
Answer: No
Proceed to Question 3.
II.
FOURTEENTH AMENDMENT - SUBSTANTIVE DUE PROCESS
3.
Do you find that Plaintiff Cross Continent Development, LLC has proven, by a
preponderance of the evidence, its claim against Defendant Town of Akron for violation of its
federal constitutional right to substantive due process pursuant to 42 U.S.C. § 1983 and the
14th Amendment to the United States Constitution?
Answer: No
Proceed to Question 4.
4.
Do you find that Plaintiff Cross Continent Development, LLC has proven, by a
preponderance of the evidence, its claim against Defendant Carl McGuire for violation of its
federal constitutional right to substantive due process pursuant to 42 U.S.C. § 1983 and the
14th Amendment to the United States Constitution?
Answer: No
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If you answered "Yes" to ANY of Question 1, Question 2, Question 3, or Question 4, proceed to
Section III.
If you answered "No" to Question 1, Question 2, Question 3, AND Question 4, do not answer
the remaining questions, and sign and date the verdict form.
III.
DAMAGES
5.
What amount of damages will reasonably and fairly compensate Plaintiff Cross
Continent Development, LLC for any losses suffered that were proximately caused by one or
more of the violations set forth in your answers to Questions 1-4? Answer in dollars and cents
in the space below:
Compensatory Damages against Town of Akron: $____________
Compensatory Damages against Carl McGuire: $_____________
If you awarded compensatory damages against Carl McGuire, proceed to Question 6. If you
awarded no damages against Carl McGuire, do not answer the next question, and sign and date
the verdict form.
IV.
PUNITIVE DAMAGES
6.
If you have awarded compensatory damages to Plaintiff, and if you found
Defendant McGuire liable under Question 2 or 4, what amount of punitive damages, if any, do
you award against Defendant McGuire? Answer in dollars and cents in the space below:
Defendant McGuire: $ _________________
[State the amount or, if none, write the word "none."]
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IT IS THEREFORE
ORDERED that final judgment is hereby entered in favor of Defendants, Town of Akron,
Colorado, a Colorado municipal corporation; The Akron Town Council; Carl S. Mcguire II, Esq.,
in his official capacity as Attorney for the Town of Akron; the Board of Trustees of the Town of
Akron; and The Colorado Plains Regional Airport Development Committee, and against Plaintiff,
Cross Continent Development, LLC, a Colorado limited liability corporation, on Plaintiff’s claims
of Breach of Contract, Fourteenth Amendment - Procedural Due Process, and Fourteenth
Amendment - Substantive Due Process claims. It is further
ORDERED that plaintiff’s second amended complaint and this civil action are dismissed
with prejudice. It is further
ORDERED that Defendants shall have their costs by the filing of a Bill of Costs with the
Clerk of this Court within fourteen (14) days of entry of judgment.
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DATED at Denver, Colorado this 6th day of September, 2012.
FOR THE COURT:
APPROVED AS TO FORM:
GREGORY C. LANGHAM, CLERK
s/ Wiley Y. Daniel
WILEY Y. DANIEL,
CHIEF UNITED STATES DISTRICT JUDGE
s/ Edward P. Butler
Edward P. Butler,
Deputy Clerk
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