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KANSAS PENN GAMING, LLC v. COLLINS

No. 10-3002.

656 F.3d 1210 (2011)

KANSAS PENN GAMING, LLC, Plaintiff-Appellant, v. Pat COLLINS, Jack Garner, Richard Hildebrand, Carl Hayes, and Board of County Commissioners of the County of Cherokee, Kansas, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 1, 2011.

Attorney(s) appearing for the Case

Christopher Tayback , Quinn Emanuel Urquhart & Sullivan, LLP, Los Angeles, CA ( William D. Beil , Daniel B. Hodes , and Jeremy M. Suhr , Rouse Hendricks German May PC, Kansas City, MO, with him on the briefs), for Appellant.

Toby Crouse ( Wendell F. Cowan , Samuel P. Logan , and James D. Oliver with him on the brief), Foulston Siefkin LLP, Overland Park, KS, for Appellees.

Before TYMKOVICH, McKAY, and GORSUCH, Circuit Judges.

TYMKOVICH, Circuit Judge.

This case requires us to consider a class-of-one equal protection lawsuit against a county government based on its demand that a property owner correct a nuisance. Kansas Penn alleges that after it and Cherokee County became involved in litigation concerning a casino development agreement, the County health department targeted Kansas Penn for a regulatory enforcement action. In particular, the County sent Kansas Penn a notice stating that...

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