The Tenth Circuit on Tuesday issued one published opinion and three unpublished opinions.
In Jordan-Arapahoe, LLP v. County of Arapahoe, the Court affirmed the district court’s decision. Petitioners owned land in Arapahoe County that they intended to develop for use as a car dealership and sell to CarMax, Inc. The Arapahoe County Board of County Commissioners learned of the planned development and rezoned the land, thwarting the sale. Petitioners claim that the zoning decision deprived them of a protected property interest without due process in violation of the Fourteenth Amendment of the United States Constitution. The Court, however, found that no such protected interest existed; “[u]nder Colorado law a property owner does not obtain a vested property right absent (1) the approval of a site specific development plan, or (2) the landowner’s substantial and detrimental reliance on representations and affirmative actions by the local government.”