MILLER v. CARR

No. C81-370C.

535 F.Supp. 682 (1982)

John Z. MILLER and Mary E. Miller, husband and wife, Plaintiffs, v. Paul D. CARR, personally and in his capacity as Planning Director of the City of Port Angeles, Washington; Carole Boardman, Harold Buck, Dorothy Duncan, John Hordyk, and Robert Polhamus, in their capacities as City Councilmen of the City of Port Angeles, Washington; and Werner Quast, personally and in his capacity as City Councilman of the City of Port Angeles, Washington; Sam Haguewood, in his capacity as Mayor of the City of Port Angeles, Washington; and The City of Port Angeles, Washington, a Municipal Corporation of the State of Washington, Defendants.

United States District Court, W. D. Washington.

April 8, 1982.


Attorney(s) appearing for the Case

Richard A. Wyman, Henry A. Carey, P.C., Portland, Or., Marcia A. Mellinger, Seattle, Wash., for plaintiffs.

Craig L. Miller, City Atty., City of Port Angeles, Port Angeles, Wash., Dennis Smith, Reed, McClure, Moceri & Thonn, P.S., Seattle, Wash., for defendants.


ORDER DISMISSING COMPLAINT

COUGHENOUR, District Judge.

Plaintiffs Miller sought to develop certain real property located in the city of Port Angeles, Washington. The City Council, one of the defendants here, conditioned approval of plaintiffs' plat on plaintiffs' agreement to undertake certain street improvements. Plaintiffs filed suit in Washington State Superior Court, seeking a judicial declaration that the preconditions to plat approval violated their...

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