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JORDAN-ARAPAHOE, LLP v. BOARD OF COUNTY COM'RS

No. 09-1501.

633 F.3d 1022 (2011)

JORDAN-ARAPAHOE, LLP., a Colorado limited liability partnership; Jacob Mazin Company, Inc., a Colorado corporation, Plaintiffs-Appellants, v. BOARD OF COUNTY COMMISSIONERS OF the COUNTY OF ARAPAHOE, COLORADO, Defendant-Appellee. Colorado Counties, Inc.; Board of County Commissioners of the County of Boulder, Colorado, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

February 8, 2011.

Attorney(s) appearing for the Case

Wayne B. Schroeder , Grimshaw & Harring, P.C., ( Jamie N. Cotter , Grimshaw & Harring, P.C., and John W. Madden III , The Madden Law Firm, with him on the briefs) Denver, CO, for Appellants.

Ronald A. Carl , Assistant County Attorney, ( Kathryn L. Schroeder , County Attorney, with him on the brief) Arapahoe County Attorney's Office, Littleton, CO, for Appellee.

Beth A. Dickhaus , Hall & Evans, L.L.C., Denver, CO, and David Hughes , Deputy County Attorney, Boulder County Attorney's Office, Boulder, CO, on brief for Amici Curiae.

Before MURPHY, McKAY, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

Jordan-Arapahoe, LLP, and Jacob Mazin Company, Inc. (together Jordan-Arapahoe) own land in Arapahoe County, Colorado that they intended to develop for use as a car dealership and sell to CarMax, Inc. Learning of the planned development, the Arapahoe County Board of County Commissioners rezoned the land, thwarting the sale.

Jordan-Arapahoe sued under 42 U.S.C. § 1983, claiming Arapahoe County's zoning decision deprived it of a...

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