United States Tenth Circuit

In a second challenge to the designation of a land parcel as a Research Natural Area, even though plaintiff's second amended complaint alleged a different injury from the injury in the initial litigation, the case is dismissed again for a lack of ripeness under the issue-preclusion doctrine.

Appellate Information

• Decided 08/16/2004
• Published 08/16/2004

Judges

• HARTZ, Circuit Judge., Before KELLY, HOLLOWAY, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Christopher T. Massey of Mountain States Legal Foundation (William Perry Pendley and Tara Burton Rismani, with him on the briefs), Lakewood, CO, for Plaintiffs-Appellants.


• For Appellees:
  
• Katherine J. Barton, United States Department of Justice, Environment & Natural Resources Division, Appellate Section, Washington, D.C. (Nina Wang, Assistant United States Attorney, Denver, CO, Thomas L. Sansonetti, Assistant Attorney General, and Kathryn Kovacs, United States Department of Justice, Environment & Natural Resources Division, Appellate Section, Washington, D.C., with her on the brief), for Defendants-Appellees.