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VAN SANT & CO. v. TOWN OF CALHAN

No. 22-1190.

83 F.4th 1254 (2023)

VAN SANT & CO., Plaintiff-Appellant, v. TOWN OF CALHAN, a Colorado municipality; Cameron Chaussee; Tyler Chaussee; Brent Chaussee; Continental Properties, Inc.; Video Productions Inc.; Dominion Development, Inc.; Annette Chaussee; Calvin Chaussee, II; Blake Chaussee, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED October 13, 2023.

Attorney(s) appearing for the Case

Thomas P. McMahon , Jones & Keller, P.C., Denver, Colorado, and Benjamin P. Wieck , GSL Trial Lawyers, Glendale, Colorado, appearing for Appellant.

Marni Nathan Kloster ( Nicholas C. Poppe , with her on the brief), Nathan Dumm & Mayer P.C., Denver, Colorado, appearing for Appellees Town of Calhan, Cameron Chaussee, Tyler Chaussee, and Brent Chaussee.

Erik R. Neusch , Neusch Law, LLC, Denver, Colorado ( David C. Fawley , Allman, Mitzner & Fawley, LLC, Denver, Colorado, with him on the brief), appearing for Appellees Continental Properties, Inc., Video Productions, Inc., Dominion Development, Inc., Annette Chaussee, Calvin Chaussee II, and Blake Chaussee.

Before ROSSMAN, KELLY, and BRISCOE, Circuit Judges.

Plaintiff Van Sant & Co. (Van Sant) has owned and operated a mobile home park in Calhan, Colorado, for a number of years. In 2018, Van Sant began to publicly explore the possibility of converting its mobile home park to an RV park. In October 2018, Calhan adopted an ordinance that imposed regulations on the development...

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