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GIG HARBOR MARINE v. CITY OF GIG HARBOR

No. 22906-4-II.

973 P.2d 1081 (1999)

94 Wash.App. 789

GIG HARBOR MARINA, INC., a Texas corporation, d/b/a Arabella's Landing, and Stanley Stearns and Judy Stearns, husband and wife, Appellants, v. CITY OF GIG HARBOR, a municipal corporation, Respondent.

Court of Appeals of Washington, Division 2.

March 26, 1999.

Attorney(s) appearing for the Case

Richard M. Stephens, John Maurice Groen, Groen & Stephens, Bellevue, for Appellants.

Carol Ann Morris, Howard F. Jensen, Kenyon Law Firm, Ogden Murphy Wallace, Issaquah and Seattle, for Respondent.

Robin L. Rivett, Benjamin J. Gantt, Ann M. Hawkins, Graham & Dunn, Pacific Legal Foundation, Sacramento, CA, and Seattle, WA, for Amicus Curiae Pacific Legal Foundation.

Jeffrey Murdock Eustis, Law Offices of J. Richard Aramburu, Seattle, for Amicus Curiae Washington Environmental Council.

ARMSTRONG, J.

The City of Gig Harbor denied the Stearnses' proposed development of property. The Stearnses appealed to the superior court and joined a 42 U.S.C. § 1983 claim alleging the City violated their civil rights. The superior court affirmed the City's denial of the development, dismissed the § 1983 action and, finding the § 1983 action frivolous, awarded attorney's fees to the City. The Stearnses filed...

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