United States Tenth Circuit

A city agreement allowing a commerical landowner to opt out of rural zoning status, but did not give neighboring residential landowners the same option, did not violate residential landowners' Equal Protection rights because the parties are not similarly situated.

Appellate Information

• Decided 04/18/2001
• Published 04/18/2001

Judges

• TACHA, Chief Judge., Before TACHA, Chief Judge, LUCERO, Circuit Judge, and BROWN, District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Richard A. Westfall (Allan L. Hale and Monica A. Flanigan, with him on the briefs), Hale, Hackstaff, Tymkovich & ErkenBrack, LLP, Denver, CO, appearing for Appellants.


• For Appellees:
  
• David Hughes, Assistant County Attorney, Boulder, CO, (Thomas S. Rice, Senter, Goldfarb & Rice, L.L.C., J. Andrew Nathan and Nina Hammon Jahn, Nathan, Bremmer, Dumm & Myers, P.C.;  Richard F. Rodriguez, Holme, Roberts & Owen, L.L.P., Denver, CO;  and H. Lawrence Hoyt, Boulder County Attorney, Boulder, CO, with him on the brief), appearing for Appellees.