ALTO ELDORADO PARTNERS v. CITY OF SANTA FE

No. CIV 08-0175 JB/ACT.

644 F.Supp.2d 1313 (2009)

ALTO ELDORADO PARTNERS, Rancho Verano, LLC, Cimarron Village LLC, Dennis R. Branch and Joann W. Branch, Plaintiffs, v. The CITY OF SANTA FE and The County of Santa Fe, Defendants.

United States District Court, D. New Mexico.

March 11, 2009.


Attorney(s) appearing for the Case

Ronald J. VanAmberg, VanAmberg Rogers Yepa & Abeita, LLP, Santa Fe, NM, for Plaintiffs.

Karl H. Sommer, Karl H. Sommer & Associates PA, Santa Fe, NM, for Prospective Intervenor-Plaintiff Santa Fe Area Home Builders Association, Inc.

Frank D. Katz, Santa Fe City Attorney's Office, Santa Fe, NM, and Donna M. Connolly, John C. Bienvenu, Rothstein Donatelli Hughes Dahlstrom, Schoenburg & Bienvenu LLP, Santa Fe, NM, for Defendant City of Santa Fe.

Stephen C. Ross, Santa Fe County Attorney's Office, Santa Fe, NM, Mark A. Basham, Basham & Basham, P.C., Santa Fe, NM, and Robyn B. Hoffman, French & Associates, P.C., Albuquerque, NM, and Robert H. Freilich, Miller Barondess, LLP, Los Angeles, CA, for Defendant County of Santa Fe.


MEMORANDUM OPINION AND ORDER

JAMES O. BROWNING, District Judge.

THIS MATTER comes before the Court on Defendant County of Santa Fe's Motion to Dismiss Plaintiffs' Complaint and Memorandum in Support, filed May 19, 2008 (Doc. 31). The Court held a hearing on January 8, 2009. The primary issues are: (i) whether the Plaintiffs' takings claim is ripe for adjudication; (ii) whether their other federal claims are subsumed under their takings...

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