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).