UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

FALCON RIDGE DEVELOPMENT,

LLC, a New Mexico limited liability company,

Plaintiff - Appellant,

v.

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.**

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