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NICHOLS v. BD. OF COUNTY COM'RS OF LA PLATA, COLO.

No. 06-1427.

506 F.3d 962 (2007)

Clara NICHOLS; Monty Nichols, Plaintiffs-Appellants, v. BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF LA PLATA, COLORADO, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

October 22, 2007.

Attorney(s) appearing for the Case

William E. Zimsky, William E. Zimsky, P.C., Durango, CO, for Plaintiffs-Appellants.

Josh A. Marks (Heidi C. Potter, with him on the brief), Berg Hill Greenleaf & Ruscitti, LLP, Boulder, CO, for Defendant-Appellee.

Before KELLY, BALDOCK, and BRISCOE, Circuit Judges.

BRISCOE, Circuit Judge.

Plaintiffs-Appellants Monty Nichols and Clara L. Nichols appeal the district court's order granting summary judgment to defendant-appellee Board of County Commissioners for the County of La Plata, Colorado (the "BOCC"). The Nichols argue that the BOCC violated their substantive and procedural due process rights by not approving certain modifications to a Special Use Permit that the BOCC had granted...

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