Rau v. City of Garden Plain

MEMORANDUM AND ORDER

BELOT, District Judge.

This case comes before the court on defendants’ motion for summary judgment (Doc. 52). Among other things, defendants argue that plaintiffs’ section 1983 and constitutional claims are not ripe for consideration (Doc. 53 at 10). Whether or not the claims are ripe for review bears on this court’s subject matter jurisdiction under Article III of the United States Constitution. See New Mexicans for Bill Richardson v. Gonzales, 64 F.3d 1495, 1498-99 (10th Cir.1995). A ripeness challenge should therefore be brought as a motion to dismiss under Federal Rule…