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GRACE CHURCH OF ROARING v. BD. OF COUNTY COM'RS

Civil Action No. 05-cv-01673-RPM.

742 F.Supp.2d 1156 (2010)

GRACE CHURCH OF ROARING FORK VALLEY, a Colorado Non-Profit Corporation, Terry Maner, and E. Wayne Starr, as members of the Church and participants herein, Plaintiffs, v. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, State of COLORADO; Dorothea Farris; Jack Hatfield; Patti Kay-Clapper; Mick Ireland; Michael Owsley, Individually and in their official capacity; and Planning and Zoning Commission of the Town of Basalt, Basalt, State of Colorado, Defendants.

United States District Court, D. Colorado.

September 20, 2010.

Attorney(s) appearing for the Case

Robert A. Lees , Robert A. Lees & Associates, P.C., Greenwood Village, CO, Daniel Paul Dalton , Dalton, Tomich & Pensler, PLC, Bloomfield Hills, MI, for Plaintiffs.

Josh Adam Marks , Justin Colby Berg , Berg Hill Greenleaf & Ruscitti, LLP, Boulder, CO, John Michael Ely , Pitkin County Attorney's Office, Thomas Fenton Smith , Austin, Peirce & Smith, P.C., Aspen, CO, for Defendants.

ORDER GRANTING SUMMARY JUDGMENT DISMISSING ALL CLAIMS

RICHARD P. MATSCH, Senior District Judge.

On January 9, 2008, at a public hearing the Board of Commissioners of Pitkin County, Colorado ("BOCC") adopted Resolution # 005-208, a copy of which is attached as Exhibit A. That resolution reversed the BOCC's previous denial of the application of Grace Church of the Roaring Fork Valley, Inc. ("Church") for a special review use of its property at the intersection...

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