Free Order on Motion for Summary Judgment - District Court of Colorado - Colorado

Case 1:04-cv-01186-MSK-BNB

Document 43

Filed 01/12/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 04-cv-01186-MSK-BNB JAMES A. PORTER, Plaintiff, v. THE CITY OF MONTROSE, COLORADO, Defendant. ______________________________________________________________________________ ORDER GRANTING, IN PART, MOTION FOR SUMMARY JUDGMENT AND REMANDING CASE ______________________________________________________________________________ PURSUANT TO the reasons stated in open court on January 12, 2005, the Defendant' s Motion for Summary Judgment (# 28) is GRANTED IN PART, insofar as the Plaintiff' takings s claim asserted under the 5th Amendment to the United States Constitution is DISMISSED for lack of subject matter jurisdiction as unripe. The Court does not reach the Defendant' arguments s on the remaining claims. Pursuant to 28 U.S.C. § 1447(c), the remaining claims­the Plaintiff' s takings claim under Section 14 of the Colorado Constitution and the due process claim under

Case 1:04-cv-01186-MSK-BNB

Document 43

Filed 01/12/2006

Page 2 of 2

Section 25 of the Colorado Constitution­are REMANDED to the Colorado District Court for the County of Montrose. The Clerk of the Court shall transmit the entire case file to the Clerk of the Court for the Colorado District Court for the County of Montrose, and shall close this case. Dated this 12th day of January, 2006 BY THE COURT:

Marcia S. Krieger United States District Judge