Pater v. City of Casper, No. 09-8084 (10th Cir. 2011)
Annotate this CaseThe issue central to this case stemmed from a contract dispute between two landowners and the City of Casper Wyoming as to whether the landowners were obligated to reimburse the City for certain street improvements. When the landowners did not comply with the City's demand for payment, the City recorded deficiency notices in the local property records on their lots. The landowners sued the City, claiming the notices violated their rights to due process and equal protection. The district court granted summary judgment in favor of the City on the ground that the landowners had not shown the existence of a protected property interest and that the deficiency notices did not constitute a deprivation of any right. Upon review by the Tenth Circuit, the Court concluded that the landowners demonstrated a disputed issue of fact as to whether the City harmed their property interests. The Court remanded the case for consideration of whether that deprivation violated the Due Process Clause. However, the Court found that the district court did not abuse its discretion in dismissing the equal protection claim.
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