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  5. 868 F.Supp.2d 1164 (2012)
 

ONYX PROPERTIES v. BOCC OF ELBERT COUNTY

Civil Case Nos. 10-cv-01482-LTB-KLM, 11-cv-02321-RPM-MJW.

868 F.Supp.2d 1164 (2012)

ONYX PROPERTIES LLC, a Colorado Limited Liability Company; Emerald Properties, LLC, a Colorado Limited Liability Company; Valley Bank and Trust, a Colorado State Bank; Paul Naftel, an individual; Shauna Naftel, an individual; Kenneth G. Rohrbach; Karen L. Rohrbach; Paul K. Rohrbach; Compost Express, Inc., a Colorado Corporation; and Local Service Corporation, by and through its Chapter 11 bankruptcy trustee, Simon E. Rodriguez, Plaintiffs, v. BOARD OF COUNTY COMMISSIONERS OF ELBERT COUNTY, Defendant.

United States District Court, D. Colorado.

June 12, 2012.

Attorney(s) appearing for the Case

James David Thorburn , The Law Office of James D. Thorburn, LLC, Greenwood Village, CO, for Plaintiff.

Heidi C. Potter , Berg Hill Greenleaf & Ruscitti, LLP, Melanie Bailey Lewis , Rudy E. Verner , Berg Hill Greenleaf & Ruscitti, LLP, Boulder, CO, for Defendant.

MEMORANDUM OPINION AND ORDER

LEWIS T. BABCOCK, District Judge.

This matter is before me on Plaintiff Onyx Properties, LLC's Motion for Summary Judgment Liability Only — Individual Claim, filed by Plaintiff Onyx Properties, LLC ("Onyx") on October 28, 2011. [Doc # 39] Defendant, the Board of County Commissioners of Elbert County (the "BOCC") opposes this motion. Oral arguments will not materially aid in the resolution of this motion. After...

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