211 Eighth, LLC et al v. Town of Carbondale et al
Filing
102
JUDGMENT by Clerk in favor of Town of Carbondale, John Plano, Nancy Barnett against 211 Eighth, LLC, Prince Creek Construction, Inc. re: 101 Order on Motion in Limine, for Summary Judgment, for Partial Summary Judgment. By Clerk on 2/12/13. (kfinn, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00049-REB-MJW
211 EIGHTH, LLC, a Colorado limited liability company, and
PRINCE CREEK CONSTRUCTION, INC., a Colorado corporation,
Plaintiffs,
v.
TOWN OF CARBONDALE, a Colorado home-rule municipality,
NANCY BARNETT, in her official capacity as Acting Town Manager for the Town of
Carbondale, Colorado, and
JOHN PLANO, in his official capacity as the Building Official for the Town of Carbondale,
Defendants.
FINAL JUDGMENT
This Final Judgment is entered pursuant to Fed. R. Civ. P. 58(a) and in
accordance with the Order Re: Cross-Motions for Summary Judgment [#101] entered
by Judge Robert E. Blackburn on February 11, 2013, which order is incorporated herein
by this reference.
THEREFORE, IT IS ORDERED as follows:
1. That Defendants’ Motion for Partial Summary Judgment and Memorandum
Brief in Support Thereof [#50], filed November 16, 2012, is GRANTED IN PART and
DENIED IN PART as follows:
a. That the motion is GRANTED concerning the claims of the plaintiffs for alleged
violation of their rights under the United States Constitution brought pursuant to 42
U.S.C. § 1983: specifically, the claims for violation of the guarantees of equal
protection and substantive and procedural due process under the Fourteenth
Amendment and for violation of the Just Compensation Clause of the Fifth
Amendment; and
b. That in all other respects, the motion is DENIED AS MOOT;
2. That JUDGMENT IS ENTERED on behalf of defendants, Town of Carbondale,
a Colorado home-rule municipality; Nancy Barnett, in her official capacity as Acting Town
Manager for the Town of Carbondale, Colorado; and John Plano, in his official capacity as
the Building Official for the Town of Carbondale, Colorado, and against plaintiffs, 211
Eighth, LLC, a Colorado Limited Liability Company; and Prince Creek Construction, Inc.,
a Colorado corporation, on plaintiffs’ claims brought pursuant to 42 U.S.C. § 1983;
provided,
a. That the dismissal of and concomitant judgment on plaintiffs’ claims for violation
of the Just Compensation Clause ARE WITHOUT PREJUDICE; and
b. That the dismissal of and concomitant judgment on plaintiffs’ remaining federal
claims under the Fourteenth Amendment ARE WITH PREJUDICE;
3. That as prevailing parties, defendants are AWARDED their costs to be taxed by
the clerk of the court under Fed. R. Civ. P. 54(d)(1) and D.C.COLO.LCivR 54.1; and
4. That this case is REMANDED to the District Court of Garfield County, Colorado
(where it was filed originally as Case Number 2011CV166).
DATED at Denver, Colorado, this 12th day of February, 2013.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
By: s/Edward P. Butler
Edward P. Butler
Deputy Clerk
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