Billie Smith, et al. v. Tara Medina, et al.
AdministrativeLaw DueProcess Takings JusticiabilityDoctri
Whether federal judges violate the Tenth Amendment by obliterating Colorado law without finding it unconstitutional
Without finding the state law they obliterate violates the US Constitution, Federal Law, or the supremacy clause, the US Court of Appeals for the Tenth Circuit by decree indeed obliterates Colorado OWTS Law without even admitting its existence, removing permit requirements from the TEXT of Colorado Law in its review of the District Court ’s rational basis review justifying exoneration of respondents. But, because, Colorado law already requires “Final Inspection ”., “before the system is placed in use, to determine that the work has been performed in accordance with the permit ” [CRS 25-10106(h)] the decree by the Tenth Circuit serves no legal purpose, is arbitrary and capricious having no substantial relation to, nor advancing any legitimate government interest. Petitioners assert the decree violates the sovereignty of Colorado; endorses lawlessness and inflicts undue health risks on Smiths; is prejudicial and unduly deferential to respondents Medina and Romero, and only serves to coerce Smiths and others like Smiths to violate Colorado Law and damage Smiths and others like Smiths. Smiths don ’t want to violate Colorado OWTS law and don ’t want 2 others to violate this law as Smiths ’ property is downhill from numerous other properties, presented are:The questions 1. Whether the Federal Judges violate the Tenth Amendment by obliterating, rewriting, and changing the meaning of Colorado law removing from the text of 25-10106 the OWTS Permit requirements without any finding that the Colorado law violates the US Constitution, Federal Law, or the Supremacy Clause. 2. Whether Smiths have a constitutionally protected property interest in the OWTS Permit and need not comply with illegal or unconstitutional conditions in order to have a property interest in the permit; 3. Whether Unconstitutional Conditions imposed on Smiths ’ land use or receipt of permits include: intentionally or recklessly causing injury through the misuse or abuse of power; bad faith violations of State Law; or unlegislated or judicial decrees that Smiths must violate Colorado Law and surrender protections in this law or else have their fundamental constitutional rights to legally use their land or rights to receive legitimate county permits Smiths are due taken;