KLEN v. CITY OF LOVELAND, COLO.

Nos. 10-1311, 10-1327.

661 F.3d 498 (2011)

Edward J. KLEN, Diverse Construction, Inc., a Colorado corporation; Stephen J. Klen; Holstein Self-Service Storage, LLC, organized under Colorado law, Plaintiffs-Appellants, v. CITY OF LOVELAND, COLORADO, a Colorado municipal corporation; Thomas Hawkinson, City of Loveland Building Official, in his individual and official capacities; Greg George, City of Loveland, Community Services Director, in his individual and official capacities; John R. Duval, City of Loveland Attorney, in his individual official capacities; Kristine Burns, City of Loveland Building Permit Coordinator, in her individual and official capacities; David Sprague, City of Loveland Plans Reviewer, in his individual and official capacities; Cindy Worayeth, City of Loveland Employee, in her individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 15, 2011.


Attorney(s) appearing for the Case

Submitted on the briefs:*

Michael P. Zwiebel , Springer and Steinberg, P.C., Denver, CO, for Plaintiffs-Appellants.

Thomas J. Lyons, Esq. , Malcolm S. Mead, Esq. , Lance E. Shurtleff, Esq. , Hall & Evans, L.L.C., Denver, CO, for Defendants-Appellees.

Before O'BRIEN, ANDERSON, and HOLMES, Circuit Judges.


ANDERSON, Circuit Judge.

Plaintiffs brought this civil rights action against the city of Loveland, Colorado (City) and various City employees, alleging a plethora of constitutional violations involving the defendants' alleged imposition of deliberate delays and unreasonable requirements for plaintiffs' building permit; solicitation of illegal and extortionate fees for the permit; selective prosecution for building without a permit; use of perjury in criminal ordinance...

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