Opinion
Civil Action No. 12-cv-00049-REB-MJW
02-12-2013
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: ______________________
Edward P. Butler
Deputy Clerk