GILLMOR v. THOMAS

No. 06-4124.

490 F.3d 791 (2007)

Nadine GILLMOR, individually and as trustee of the Nadine Fausett Gillmor Trust; Milton O. Bitner Company, a Utah corporation; Evergreen Development, a Utah limited partnership; Ella M. Pace, an individual; Dwayne M. Pace, a trustee of the Dwayne M. Pace Revocable Trust; Joan J. Pace, trustee of the Joan J. Pace Revocable Trust; Gale W. Pace, an individual; Kathleen D. Pace, an individual; and Anderson Development, LLC, a Utah limited liability company, Plaintiffs-Appellants, v. David L. THOMAS; David Allen; Michael Barille; Shauna Kerr; Bob Richer; Kenneth Woolstenhulme; Tom Brennan; Cynthia Callaway; Max Greenhalgh; Bruce Taylor; Donna Van Buren; and Mike Washington, as individuals, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

June 5, 2007.


Attorney(s) appearing for the Case

Bruce R. Baird (Alain C. Balmanno with him on the briefs), Hutchings, Baird, & Jones PLLC, Salt Lake City, UT, for the Plaintiffs-Appellants.

Jody K. Burnett (George A. Hunt and Robert C. Keller, Williams & Hunt; and Steven W. Allred, Woolstenhulme, Kerr and Richer, Salt Lake City, UT, with her on the briefs), Williams & Hunt, Salt Lake City, UT for the Defendants-Appellees.

Before LUCERO, MURPHY, Circuit Judges, and ROBINSON, District Judge.


LUCERO, Circuit Judge.

This case presents the latest battle in a legal war being waged by several landowners against Summit County, Utah and its zoning regime. Landowners1 brought suit against several County Officials2 alleging that their administration of Summit County's zoning ordinances constitutes a pattern of extortion in violation of the Racketeer Influenced...

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