ZIA SHADOWS, L.L.C. v. CITY OF LAS CRUCES

No. 15-2009.

829 F.3d 1232 (2016)

ZIA SHADOWS, L.L.C., a New Mexico limited liability company; Alex Garth; William Garth, Plaintiffs-Appellants, v. CITY OF LAS CRUCES, a Municipal Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Filed July 22, 2016.


Attorney(s) appearing for the Case

Cindy Rhodes Victor , Kus Ryan & Associates, PLLC, Auburn Hills, Michigan, for Plaintiffs-Appellants.

David P. Lutz ( William L. Lutz with him on the briefs), Martin, Lutz, Roggow & Eubanks, P.C., Las Cruces, New Mexico, for Defendant-Appellee.

Before BRISCOE, McKAY, and McHUGH, Circuit Judges.


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 —...

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