United States Tenth Circuit

In an action brought against a county board of commissioners alleging they violated plaintiffs' substantive and procedural due process rights by not approving certain modifications to a Special Use Permit that defendants had granted them under the local zoning ordinances, summary judgment for defendants is affirmed as: 1) district court correctly concluded that collateral estoppel, based on the county's settlement in another matter, does not apply in this case; and 2) the district court correctly held that plaintiffs did not have a constitutionally protected property right in the approval of their request to modify the permit, for due process purposes.

Appellate Information

• Decided 10/22/2007
• Published 10/23/2007

Judges

• BRISCOE, Circuit Judge., Before KELLY, BALDOCK, and BRISCOE, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• William E. Zimsky, William E. Zimsky, P.C., Durango, CO, for Plaintiffs-Appellants.


• For Appellees:
  
• Josh A. Marks (Heidi C. Potter, with him on the brief), Berg Hill Greenleaf & Ruscitti, LLP, Boulder, CO, for Defendant-Appellee.