01-2127 -- Falcon Ridge Development v. City of Rio Rancho -- 05/07/2002

(12635 bytes)

(8354 bytes)

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

FALCON RIDGE DEVELOPMENT,

LLC, a New Mexico limited liability company,

Plaintiff - Appellant,

THE CITY OF RIO RANCHO, a municipal corporation; DAIN RAUSCHER, a Minnesota corporation; GEORGE K. BAUM AND COMPANY, a Missouri corporation,

Defendants - Appellees.

No. 01-2127

(D. C. No. CIV-99-1365-MV/LFG)

(D. New Mexico)

ORDER AND JUDGMENT^(*)

Before HENRY and PORFILIO, Circuit Judges, and SAM, District Judge.⁽³⁾

Plaintiff Falcon Ridge Development, LLC, appeals the judgment of the district court which granted the City of Rio Rancho's (the "City") partial motion to dismiss plaintiff's two claims for violation of substantive due process. The district court granted the City's partial motion to dismiss the two federal claims concluding that plaintiff did not have protected property or liberty interests. The district court declined to exercise supplemental jurisdiction over the remaining state law claims. We AFFIRM for substantially the reasons given by the district court.

Entered for the Court

David Sam

District Judge

FOOTNOTES
Click footnote number to return to corresponding location in the text.

^*.This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgement may be cited under the terms and conditions of 10^th Cir. R. 36.3.

^3.The Honorable David Sam, Senior Judge, United States District Court for the District of Utah, sitting by designation.

(12635 bytes)

(8354 bytes)

Comments to: WebMaster, ca10 [at] washburnlaw.edu.
Updated: May 8, 2002.
HTML markup © 2002, Washburn University School of Law.
URL: http://ca10.washburnlaw.edu/cases/2002/05/01-2127.htm.