Porter v. City of Montrose

Full title: JAMES A. PORTER, Plaintiff, v. THE CITY OF MONTROSE, COLORADO, Defendant

Court: United States District Court, D. Colorado

Date published: Jan 12, 2006

Civil Action No. 04-cv-01186-MSK-BNB (D. Colo. Jan. 12, 2006)

Opinion

Civil Action No. 04-cv-01186-MSK-BNB.

January 12, 2006

ORDER GRANTING, IN PART, MOTION FOR SUMMARY JUDGMENT AND REMANDING CASE

MARCIA KRIEGER, District Judge

PURSUANT TO the reasons stated in open court on January 12, 2005, the Defendant's Motion for Summary Judgment (# 28) is GRANTED IN PART, insofar as the Plaintiff's takings claim asserted under the 5^th Amendment to the United States Constitution is DISMISSED for lack of subject matter jurisdiction as unripe. The Court does not reach the Defendant's arguments on the remaining claims. Pursuant to 28 U.S.C. § 1447(c), the remaining claims — the Plaintiff's takings claim under Section 14 of the Colorado Constitution and the due process claim under Section 25 of the Colorado Constitution — are REMANDED to the Colorado District Court for the County of Montrose. The Clerk of the Court shall transmit the entire case file to the Clerk of the Court for the Colorado District Court for the County of Montrose, and shall close this case.