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CRIDER v. BD. OF COUNTY COM'RS, COUNTY OF BOULDER

No. 00-1094.

246 F.3d 1285 (2001)

Elmer CRIDER; Marlyn Crider; Lanny Helms; Martha Helms; Bruce Gambell; Lois Gambell; Brian Messick; Lynette Messick; George Mallon; Nancy Mallon; Larry Thompson; and Karen Thompson, Plaintiffs-Appellants, v. The BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF BOULDER; Ronald K. Stewart, Paul Danish, Jana Mendez, in their official capacity as County Commissioners; City of Louisville; Thomas Davidson, in his official capacity as Mayor; City of Lafayette; Carolyn McIntosh, in her official capacity as Mayor; City of Broomfield; and William Berens, in his official capacity as Mayor, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 18, 2001.

Attorney(s) appearing for the Case

Richard A. Westfall (Allan L. Hale and Monica A. Flanigan, with him on the briefs), Hale, Hackstaff, Tymkovich & ErkenBrack, LLP, Denver, Colorado, appearing for Appellants.

David Hughes, Assistant County Attorney, Boulder, Colorado, (Thomas S. Rice, Senter, Goldfarb & Rice, L.L.C., Denver, Colorado; J. Andrew Nathan and Nina Hammon Jahn, Nathan, Bremmer, Dumm & Myers, P.C., Denver, Colorado; Richard F. Rodriguez, Holme, Roberts & Owen, L.L.P., Denver, Colorado; and H. Lawrence Hoyt, Boulder County Attorney, Boulder, Colorado, with him on the brief), appearing for Appellees.

Before TACHA, Chief Judge, LUCERO, Circuit Judge, and BROWN, District Judge.

TACHA, Chief Judge.

Appellants appeal the district court's dismissal of their equal protection claim. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm.

I. Background

The appellants, Paradise Lane Owners, are the individual owners and occupants of six residential properties on Paradise Lane in unincorporated Boulder County. The lots owned by Paradise Lane Owners total seventy acres, with ten acres on Paradise Lane unoccupied....

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