District Court Lacked Jurisdiction; Mold Case Remanded for Dismissal Without Prejudice

DENVER - A case concerning a mold-contaminated home that local agencies refused to condemn or repair, allegedly at the urging of the inhabitant's employer, was remanded recently to a U.S. District Court for dismissal without prejudice. Naomi and Tom Olsen, Plaintiffs-Appellants v. William Aebersold, et al., Defendants-Appellees, No. 01-2366 & 02-2288 (10th Cir.).

In its July 11 Order and Judgment, the 10th Circuit Court of Appeals vacated the dismissal of the case on the merits and remanded it with directions to dismiss without prejudice, finding that the District Court lacked subject-matter jurisdiction over the suit.

According to the order, Tom …