UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

PUBLIC SERVICE COMPANY OF COLORADO,

Plaintiff - Counter-Defendant - Appellee,

v.

BOARD OF COUNTY COMMISSIONERS OF SAN MIGUEL COUNTY, State of Colorado; ELAINE FISHER, San Miguel County Commissioner in her official capacity; ART GOODTIMES, San Miguel County Commissioner in his official capacity; VERNON EBERT, San Miguel County Commissioner in his official capacity; THE SAN MIGUEL COUNTY PLANNING DEPARTMENT, State of Colorado; MICHAEL ROZYCKI, San Miguel County Planning Director, in his official capacity,

Defendants - Appellees,

PATHFINDER DEVELOPMENT, INC.,

Defendant - Counter-Claimant - Appellee,

WILLARD F. JANKE,

Intervenor - Appellant.

No. 06-1187

(D.C. No. 1:04-CV-1828-RB-CBS)

(D. Colo.)

ORDER AND JUDGMENT*

Before BRISCOE, HOLLOWAY, and LUCERO, Circuit Judges.

Willard F. Janke appeals the district court's denial of his motion to intervene in Pub. Serv. Co. of Colo. v. Bd. of County Comm'rs, No. 04-RB-1828 (D. Colo. Sept. 2, 2004). Because we determined that case is moot, we remanded with instructions to dismiss. Pub. Serv. Co. of Colo. v. Bd. of County Comm'rs, Nos. 05-1295 & 05-1321 (10th Cir. 2007). Accordingly, Janke's appeal is DISMISSED as moot.

ENTERED FOR THE COURT

Carlos F. Lucero

Circuit Judge