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County v. Christensen

United States District Court, D. Utah, Central Division
Jul 9, 2007
Case No. 2:07-CV-0138 (D. Utah Jul. 9, 2007)

Opinion

Case No. 2:07-CV-0138.

July 9, 2007


MEMORANDUM DECISION AND ORDER


Before the Court are two motions to dismiss, one filed by the Defendants and the other filed by the Intervenor Defendant. Both motions seek to dismiss Plaintiffs' first through eighth causes of action on the grounds that Plaintiffs lack standing to pursue their claims and that the claims are not ripe for judicial review. Having considered the parties' written and oral arguments and the relevant law, the Court now issues the following order GRANTING both motions and DISMISSING Plaintiffs' first through eighth causes of action with prejudice.

In support of their first through eighth causes of action, Plaintiffs' allege that the Defendants have not complied with certain legal requirements in ongoing administrative processes. These allegations are insufficient to satisfy Plaintiffs' burden of establishing that they have standing to pursue their claims and that the claims are ripe for judicial review. See Utah v. Babbitt, 137 F.3d 1193, 1201-02 (10th Cir. 1998); Park Lake Res. Ltd. Liab. Corp. v. United States Dep't of Agric., 197 F.3d 448, 450 (10th Cir. 1999) (holding that "[a] vital aspect of the requirement that issues be fit for review is that the suit challenge final agency action."(internal quotations omitted)). In addition to these authorities, the Court adopts the reasoning set forth in the memoranda of law filed by the Defendants and the Intervenor Defendant as the legal grounds on which it bases this Order.

IT IS SO ORDERED.


Summaries of

County v. Christensen

United States District Court, D. Utah, Central Division
Jul 9, 2007
Case No. 2:07-CV-0138 (D. Utah Jul. 9, 2007)
Case details for

County v. Christensen

Case Details

Full title:WAYNE COUNTY, et al., Plaintiffs, v. CORNELL M. CHRISTENSEN, et al.…

Court:United States District Court, D. Utah, Central Division

Date published: Jul 9, 2007

Citations

Case No. 2:07-CV-0138 (D. Utah Jul. 9, 2007)