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ALTO ELDORADO PARTNERSHIP v. COUNTY OF SANTA FE

No. 09-2214.

634 F.3d 1170 (2011)

ALTO ELDORADO PARTNERSHIP; Rancho Verano, LLC; Cimarron Village, LLC; Dennis R. Branch; Joann W. Branch, Plaintiffs-Appellants, v. The COUNTY OF SANTA FE, Defendant-Appellee, and The City of Santa Fe, Defendant.

United States Court of Appeals, Tenth Circuit.

March 16, 2011.

Attorney(s) appearing for the Case

Paul J. Beard II ( Damien M. Schiff with him on the briefs), Pacific Legal Foundation, Sacramento, CA, for Plaintiffs-Appellants.

Robert H. Freilich, Esq. , Freilich & Popowitz, LLP, Los Angeles, CA ( Mark Basham, Esq. , Basham & Basham, P.C., Santa Fe, NM, and Stephen Ross, Esq. , Santa Fe County Attorney, Santa Fe, NM, with him on the brief), for Defendant-Appellee.

Before MURPHY, HOLLOWAY, and O'BRIEN, Circuit Judges.

MURPHY, Circuit Judge.

I. Introduction

Developers owning property in the County of Santa Fe, New Mexico, ("County") brought a lawsuit challenging as unconstitutional under the Takings Clause an ordinance requiring the provision of affordable housing in new subdivisions. The district court dismissed the complaint on ripeness grounds and the developers appealed. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, this court AFFIRMS the...

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