FED. LAND BANK v. BD. OF CTY. COM'RS OF ADAMS CTY.

Civ. A. No. 84-K-126.

607 F.Supp. 1137 (1985)

FEDERAL LAND BANK OF WICHITA, Plaintiff, v. The BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF ADAMS, the Board of County Commissioners of the County of Alamosa, the Board of County Commissioners of the County of Arapahoe, the Board of County Commissioners of the County of Baca, the Board of County Commissioners of the County of Bent, the Board of County Commissioners of the County of Boulder, the Board of County Commissioners of the County of Chaffee, the Board of County Commissioners of the County of Cheyenne, the Board of County Commissioners of the County of Conejos, the Board of County Commissioners of the County of Costilla, the Board of County Commissioners of the County of Crowley, the Board of County Commissioners of the County of Custer, the Board of County Commissioners of the County of Delta, the Board of County Commissioners of the County of Douglas, the Board of County Commissioners of the County of Eagle, the Board of County Commissioners of the County of Elbert, the Board of County Commissioners of the County of El Paso, the Board of County Commissioners of the County of Fremont, the Board of County Commissioners of the County of Garfield, the Board of County Commissioners of the County of Gunnison, the Board of County Commissioners of the County of Huerfano, the Board of County Commissioners of the County of Jefferson, the Board of County Commissioners of the County of Kiowa, the Board of County Commissioners of the County of Kit Carson, the Board of County Commissioners of the County of La Plata, the Board of County Commissioners of the County of Larimer, the Board of County Commissioners of the County of Las Animas, the Board of County Commissioners of the County of Lincoln, the Board of County Commissioners of the County of Logan, the Board of County Commissioners of the County of Mesa, the Board of County Commissioners of the County of Moffat, the Board of County Commissioners of the County of Montezuma, the Board of County Commissioners of the County of Montrose, the Board of County Commissioners of the County of Morgan, the Board of County Commissioners of the County of Otero, the Board of County Commissioners of the County of Ouray, the Board of County Commissioners of the County of Park, the Board of County Commissioners of the County of Phillips, the Board of County Commissioners of the County of Prowers, the Board of County Commissioners of the County of Pueblo, the Board of County Commissioners of the County of Rio Blanco, the Board of County Commissioners of the County of Rio Grande, the Board of County Commissioners of the County of Routt, the Board of County Commissioners of the County of Saguache, the Board of County Commissioners of the County of San Miguel, the Board of County Commissioners of the County of Sedgwick, the Board of County Commissioners of the County of Teller, the Board of County Commissioners of the County of Washington, the Board of County Commissioners of the County of Weld, the Board of County Commissioners of the County of Yuma, Defendants.

United States District Court, D. Colorado, Civil Division.

April 22, 1985.


Attorney(s) appearing for the Case

Martin A. Rosen, Pendleton & Sabian, P.C., Denver, Colo., for plaintiff.

S. Morris Lubow, Denver, Colo., for defendants.


ORDER

KANE, District Judge.

Before me are cross motions for summary judgment. Plaintiff Federal Land Bank of Wichita brings this action against 50 Colorado counties through their respective boards of county commissioners, claiming jurisdiction under 28 U.S.C. §§ 1331 and 1332. The bank seeks (1) declaratory judgment that its royalty interests are exempt from taxation by the counties; (2) a mandatory injunction prohibiting the counties from future...

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