Edward Mulcahy v. Aspen Pitkin County Housing Authority
DueProcess
Did the District Court violate Mulcahy's constitutional rights by denying his motion to vacate the underlying judgment for procedural due process violations?
QUESTION PRESENTED 1. Did the District Court violate Mulcahy’s constitutional rights by denying Edward L. Mulcahy, Jr.’s (“Mulcahy”) C.R.C.P. 60(b) motion to vacate the underlying judgment for procedural due process violations where the underlying judgment severely impacts Mulcahy’s property rights by ordering him to sell his house and home; where, in obtaining the judgment, Aspen Pitkin County Housing Authority (““APCHA”) disregarded almost every single procedural requirement in state court designed to ensure fair litigation practices, including improperly electing into the C.R.C.P. 16.1 expedited procedure, failing to serve orders on Mulcahy that would have apprised him of case management procedures, failing to serve discovery disclosures of any kind on Mulcahy, and failing to file a certificate of compliance with the court; and, further compounding these issues, where the District Court itself failed to follow-up or otherwise ensure procedural requirements were being _ met before entering early summary judgment in APCHA’s favor?