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HOLLAND v. CITY OF TACOMA

No. 21522-5-11.

954 P.2d 290 (1998)

90 Wash.App. 533

Dwight HOLLAND, Appellant, v. CITY OF TACOMA, Respondent.

Court of Appeals of Washington, Division 2.

As Amended May 22, 1998.

Attorney(s) appearing for the Case

Glen Alan Prior, Law Firm of Glen Prior Inc. Ps, Fife, for Appellant.

Shelley Marie Kerslake, Tacoma City Attorney's Office, Tacoma, Jean P. Homan, Tacoma, for Respondent City of Tacoma.

Lynne C. Wilson, Seattle, for Amicus

Curiae American Civil Liberties Union.

BRIDGEWATER, Judge.

Dwight Holland appeals the summary dismissal of his lawsuit challenging the constitutionality of a Tacoma ordinance that limits the volume of sound projected from car sound systems and the award of attorney fees to the City. We affirm as to the dismissal, but reverse as to the award of attorney fees.

Holland was arrested for violating Tacoma Municipal Code (TMC) 8.12.060(E), which prohibited the playing of car sound systems at a volume...

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