Onyx Properties LLC v. Board of County Commissioners

MEMORANDUM OPINION AND ORDER

LEWIS T. BABCOCK, District Judge.

This matter is before me on Plaintiff Onyx Properties, LLC’s Motion for Summary Judgment Liability Only — Individual Claim, filed by Plaintiff Onyx Properties, LLC (“Onyx”) on October 28, 2011. [Doc # 39] Defendant, the Board of County Commissioners of Elbert County (the “BOCC”) opposes this motion. Oral arguments will not materially aid in the resolution of this motion. After consideration of the parties’ briefs, and for the reasons stated below, I DENY the motion.

I. Background

Plaintiffs are various landowners in Elbert County,…