Legal Opinion · Concurring in part, dissenting in part
Rodgers v. Board of County Commissioners
Colorado Court of Appeals
Decided April 25, 2013No. 12CA0457Published
1Concurring in part, dissenting in part
JUDGE FOX
concurring in part and dissenting in part.
¶48 I endorse the majority's conclusion that the trial court did not err in dismissing two of plaintiffs' claims under C.R.C.P. 8 and 12(b)(5), or in directing a verdict for the County on the inverse condemnation claim. However, because I conclude that the trial court also did not err in entering a directed verdict on three of the four challenged acts in plaintiffs' section 1983 equal protection claim or in its instructions to the jury, I respectfully dissent.
I. Directed Verdict on Section 1988 Claim
¶ 49 The majority finds that there is no…
2Cases cited26 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
- Romer v. EvansSupreme Court of the United States · 1996
- United States v. Chemical Foundation, Inc.Supreme Court of the United States · 1926
- Yvette Cruz v. Coach Stores, Inc., David Otani, William Betts, Diane Lewis, Sara Lee Corporation, and Herve HeriveauxCourt of Appeals for the Second Circuit · 2000
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