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CSMN INVESTMENTS v. CORDILLERA METROPOLITAN DIST.

19-1094.

956 F.3d 1276 (2020)

CSMN INVESTMENTS, LLC, a Colorado limited liability company; CSMN Operations, LLC, a Colorado limited liability company, Plaintiffs-Appellants, v. CORDILLERA METROPOLITAN DISTRICT, a political subdivision of the State of Colorado; Cordillera Property Owners Association, Inc., a Colorado nonprofit corporation; David Bentley; David Davies; Robert Egan; Kitty George; Larry Kyte; Judith G. McBride; Rachel Oys; Ed Shriner; Bruce Smathers; Patrick Wilhelm; Tom Wilner, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED April 28, 2020.

Attorney(s) appearing for the Case

Brian J. Connolly ( Andrew L.W. Peters , Bill E. Kyriagis , J. Thomas Macdonald , and Thomas J. Ragonetti with him on the briefs), Otten, Johnson, Robinson, Neff & Ragonetti, P.C., Denver, Colorado, for Plaintiffs-Appellants.

Debra J. Oppenheimer ( Jeffrey B. Smith with her on the brief), of Altitude Community Law P.C., Lakewood, Colorado, for Defendant-Appellees, Larry Kyte, Bruce Smathers, Patrick Wilhelm, and Tom Wilner.

Lisa F. Mickley and Gillian Dale of Hall & Evans, L.L.C., Denver, Colorado ( Miles L. Buckingham and Ronald H. Nemirow , Nemirow Perez, Lakewood, Colorado with them on the brief), for Defendants-Appellees, Cordillera Metropolitan District, Cordillera Property Owners Association, David Bentley, David Davies, Robert Egan, Kitty George, Judith G. McBride, Rachel Oys, and Ed Shriner.

Before PHILLIPS, McHUGH, and MORITZ, Circuit Judges.

The First Amendment guarantees the people a right "to petition the Government for a redress of grievances." The right immunizes litigants from liability for their petitioning activities, unless the petitioning is a sham. In this appeal, we consider the exception for sham petitioning. Applying the Noerr-Pennington...

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