Order Granting in Part and Denying in Part Costilla County’s Motion to Dismiss or Grant Summary Judgment on Defendants’ Counterclaims

News Release Date
06-22-2024
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This matter comes before the Court on Costilla County’s Motion to Dismiss or Grant Summary Judgment on Defendants’ Counterclaims (“Motion”). The Board of County Commissioners of the County of Costilla, Colorado (“County”) filed the Motion on January 12, 2024. Defendants Cielo Vista Ranch I, LLC and Cielo Vista Ranch, II, LLC (collectively “CVR”) filed a Response in Opposition to Costilla County’s Motion to Dismiss or Grant Summary Judgment on Defendants’ Counterclaims (“Response”) on February 12, 2024. On February 26, 2024, the County filed Costilla County’s Reply in Support of Motion to Dismiss or Grant Summary Judgment on Defendants’ Counterclaims (“Reply”). On April 9, 2024, the
Date Filed: May 8, 2024 1:54 PM
Case Number: 2023CV300052

County filed Costilla County’s Supplemental Update on Motion to Dismiss or Grant Summary Judgment on Defendants’ Counterclaims (“Supplement”). On April 15, 2024, the Court issued an Order Allowing Time for Response to Supplement, giving CVR until April 30, 2024 to respond to the County’s Supplement. CVR filed Defendants’ Response to Order Allowing Time for Response to Supplement (“Response to Supplement”) on April 30, 2024.


After reviewing the pleadings, briefs, applicable law, and pertinent matters of record in this case, the Court hereby grants the Motion in part and denies it in part:
▪ The Motion is GRANTED as it relates to CVR’s fourth counterclaim alleging
a due process violation.
▪ The Motion is DENIED as it relates to CVR’s second counterclaim alleging
the County’s actions constitute a regulatory taking of its property, CVR’s third
counterclaim alleging an equal protection violation, and CVR’s fifth
counterclaim for judicial review pursuant to C.R.C.P. 106(a)(4).

Click Here to Read the Order Granting in Part and Denying in Part Costilla County’s Motion to Dismiss or Grant Summary Judgment on Defendants’ Counterclaims.