St. Paul Sober Living, LLC et al v. Garfield County, Board of County Commissioners
Filing
205
AMENDED FINAL JUDGMENT by Clerk in favor of St. Paul Sober Living, LLC, Adam Tipton, Alex Colins, Chris Edrington, Donald Edrington against Garfield County, Board of County Commissioners, by Clerk on 10/8/2013. (trlee, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00303-RBJ-MEH
ST. PAUL SOBER LIVING, LLC,
CHRIS EDRINGTON,
DONALD EDRINGTON,
ADAM TIPTON, and
ALEX COLINS,
Plaintiffs,
v.
GARFIELD COUNTY, BOARD OF COUNTY COMMISSIONERS, and
SPRING VALLEY SANITATION DISTRICT,
Defendants.
AMENDED FINAL JUDGMENT
PURSUANT to and in accordance with Fed. R. Civ. P. 58(a) and (b) and the
orders entered in this case, the following FINAL JUDGMENT is entered.
I.
Pursuant to oral rulings made by the court on December 20, 2012, on the
third day of the jury trial, which order is incorporated by reference,
IT IS ORDERED that the Plaintiffs’ Second Claim, alleging discrimination under
the Americans with Disabilities Act, is DISMISSED. The ADA claims and the retaliation
claims of plaintiffs Alex Collins and Adam Tipton are MOOT. It is
FURTHER ORDERED that defendant’s motions to dismiss Donald Edrington’s
FHA claim and the retaliation claim of St. Paul Sober Living are DENIED.
II.
This matter was tried before a jury of seven, duly sworn, commencing
December 18, 2012 and reaching a verdict December 21, 2012. Pursuant to the verdict
of the jury #[149-9] filed December 21, 2012, it is ORDERED, with respect to the
Plaintiffs’ First Claim alleging violation of the federal Fair Housing Act, that
•
the Plaintiffs proved by a preponderance of the evidence that the handicap
of the residents of the sober house in Elk Springs, Garfield County,
Colorado was a motivating factor for the Board of County Commissioners’
application of the zoning code.
•
Plaintiff St. Paul Sober Living, LLC proved its retaliation claim by a
preponderance of the evidence.
•
Plaintiffs Chris Edrington and Donald Edrington did not prove their
retaliation claim by a preponderance of the evidence.
•
Defendant’s discriminatory conduct proximately caused money damages
to St. Paul Sober Living, LLC. The amount of money damage that was
proximately caused by defendant’s discrimination as to St. Paul Sober
Living, LLC was $400,000.00, and judgment in that amount is entered on
that verdict.
•
Defendant’s discriminatory conduct did not proximately cause money
damages to Chris Edrington, Donald Edrington, Adam Tipton and Alex
Colins, and nominal damages of $1.00 each are awarded to these
individuals.
III.
Pursuant to the Order on Post-Trial Motions and the Order on Permanent
Injunction, both entered on September 17, 2013 by Judge R. Brooke Jackson, such
orders being incorporated by reference, IT IS ORDERED that:
A.
Defendant’s Motion for Judgment as a Matter of law [#163] is DENIED.
B.
Plaintiffs’ Motion for Attorney’s Fees and Litigation Expenses[#165]:
GRANTED IN PART and DENIED IN PART. Accordingly, the pending
motion is denied, without prejudice, as to the amount, subject to
agreement of the parties or, if necessary, by plaintiffs’ filing a motion for
the determination of the amount of attorney’s fees.
B.
Plaintiffs’ Motion for Review of Taxation of Costs [#174] is GRANTED, as
is Plaintiffs’ Motion to Correct or Modify the Final Judgment [#179].
Accordingly, the plaintiffs, as the prevailing parties, are entitled to an
award of costs, pursuant to Fed. R. Civ. P. 54(d)(1) and D.C.Colo.LCivR
54.1, and the total costs awarded to plaintiffs is $10,600.70, as specifically
enumerated in the Order on Post-Trial Motions.
C.
The Court permanently enjoins the Board of Directors of Garfield County,
and its officers, agents, servants, employees, representatives, attorneys,
and all other individuals or agencies working under the direction or
supervision of the Board, from enforcing its zoning code or other land use
rules or regulations in a manner that discriminates against the owners,
operators or residents of the sober house located at 31 Elk Springs Drive,
Glenwood Springs, Colorado because of the handicaps of the residents.
This order includes, but is not limited to, discriminatory or retaliatory
actions based upon the sober house’s having multiple residents, up to ten
residents at any one time including one supervisor; interfering with the
sober house’s desire to remain at its present location; and any other
conduct that coerces, intimidates, threatens or otherwise interferes with
the ability of the sober house and its residents in the exercise and
enjoyment of their rights under the Fair Housing Act.
ACCORDINGLY, it is hereby ORDERED that final judgment is entered for the
Plaintiffs St. Paul Sober Living, LLC, Chris Edrington, Donald Edrington, Adam Tipton
and Alex Colins and against Defendant Garfield County Board of County
Commissioners.
DATED at Denver, Colorado, this 8th day of October, 2013.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/Edward P. Butler
Edward P. Butler
Deputy Clerk
Approved as to form:
s/ Brooke Jackson
U.S. District Judge R. Brooke Jackson
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