Court of Appeals for the Tenth Circuit October 25, 2007, No. 05-3473 (Abilene Retail 30, Inc. v. Board of Commissioners)

LUCERO, J.,

responding to the dissent from denial of rehearing en banc.

I write briefly to respond to my dissenting colleagues’ arguments that en banc review was appropriate in this case. In doing so, I note that a potential circuit split, in and of itself, is not a reason to grant en banc review under our local rules. See 10th Cir. R. 35.