A judge has denied Chaffee County commissioner’s request to completely dismiss a lawsuit involving a dispute over the owner’s land on Antelope Road.
The owner, Allison Brown, sued county officials last year after they denied her a certificate of occupancy for the site.
The Mountain Mail is reporting that a U.S. District Judge this week ruled that Brown’s lawsuit against the commissioners can move forward on her claim that denial of the certificate violated her constitutional right of due process.
The judge, however, dismiss Brown’s claim that the county’s denial violated her right of equal protection under the law. The judge also dismissed Chaffee County Planning manager Jon Roorda, Director of Development Dan Swallow, the county’s Board of Review and the county itself from being defendants.
That leaves the commissioners as defendants as the case moves forward in Denver.
Brown wants a jury to order the commissioners to rule in her favor and pay her unspecified thousands of dollars as compensation for what she says occurred.
