Civil Action No. 09-cv-02413-WYD-KMT.

742 F.Supp.2d 1179 (2010)

CROSS CONTINENT DEVELOPMENT, LLC, a Colorado limited liability corporation, Plaintiff, v. TOWN OF AKRON, COLORADO, a Colorado municipal corporation; The Akron Town Council; Carl S. McGuire II, Esq., in his official capacity as Attorney for the Town of Akron; The Board of Trustees of the Town of Akron; and The Colorado Plains Regional Airport Development Committee, Defendants.

United States District Court, D. Colorado.

September 23, 2010.

Attorney(s) appearing for the Case

Victor M. Morales , Katherine A. Kelley , McElroy Deutsch Mulvaney & Carpenter, LLP, Greenwood Village, CO, for Plaintiff.

Geoffrey Race , Lawrence Michael Brooks, Jr ., Rachel E. Ollar , Wells, Anderson & Race, LLC, Mary Kathryn Strauss , Peter H. Doherty , Overturf McGath Hull & Doherty, P.C., Denver, CO, for Defendants.


WILEY Y. DANIEL, Chief Judge.

THIS MATTER is before the Court on Defendants' Motion to Dismiss. Defendants move, pursuant to Fed.R.Civ.P. 12(b)(6), to dismiss Plaintiff's claims asserted under federal law for unlawful taking, deprivation of procedural due process and deprivation of substantive due process. If these claims are dismissed, Defendants also ask the Court to decline to retain supplemental...

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