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HATCH v. BOULDER TOWN COUNCIL

No. 04-4124.

471 F.3d 1142 (2006)

Julian HATCH, doing business as Freedom From Religion; Lynne Mitchell, doing business as Match, Plaintiffs-Appellants, v. BOULDER TOWN COUNCIL; Boulder Planning Commission, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 19, 2006.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Budge W. Call, Salt Lake City, Utah, for Plaintiffs-Appellants.

Craig T. Wentz of Christensen & Jensen, P.C., Salt Lake City, Utah, for Defendants-Appellees.

Before TYMKOVICH, PORFILIO, and BALDOCK, Circuit Judges.

TYMKOVICH, Circuit Judge.

Plaintiffs Julian Dean Hatch and Lynn Mitchell are residents of and property owners in the town of Boulder, Utah. They filed this civil rights complaint against defendants in January 2001, alleging a plethora of constitutional violations concerning zoning, permitting and road maintenance issues. The district court concluded that most of plaintiffs' claims were barred by res judicata (claim preclusion) based on prior suits filed in the federal...

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