Zia Shadows, L.L.C. v. City of Las Cruces

McHUGH, Circuit Judge.

I. INTRODUCTION

This appeal arises from a zoning dispute between Zia Shadows L.L.C. and the City of Las Cruces (the City). Zia Shadows L.L.C. and its principals, Alex and William Garth (collectively, Zia Shadows), filed suit in federal district court, alleging the City’s delays in approval of a zoning request— and the conditions ultimately attached to the approval — violated Zia Shadows’ rights to due process and equal protection. Zia Shadows also alleged the City’s actions were taken in retaliation for Zia Shadows’ public criticisms of the City. The district court…