WEINBERG v. WHATCOM COUNTY

No. 98-36088.

241 F.3d 746 (2001)

Mark WEINBERG; Randy Powers; Elizabeth Powers, Plaintiffs-Appellants, v. WHATCOM COUNTY; Nathan W. Brown, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 27, 2001


Attorney(s) appearing for the Case

Kurt Denke (argued), Seattle, Washington, for the plaintiffs-appellants.

Randall J. Watts, Chief Civil Deputy, Whatcom County Prosecuting Attorney, Bellingham, Washington, for defendant-appellee Whatcom County.

Carol Morris (argued), Kenyon Law Firm, Issaquah, Washington, for defendant-appellee Nathan Brown.

Before: THOMAS M. REAVLEY, CYNTHIA HOLCOMB HALL, and DIARMUID F. O'SCANNLAIN, Circuit Judges.


Argued and Submitted July 21, 2000 — Seattle, Washington

O'SCANNLAIN, Circuit Judge:

We must determine, among other issues in this land-use litigation, whether a developer's right to procedural due process is violated when the county planning agency fails to provide a hearing before halting a previously approved land development project.

I

Appellants Mark Weinberg, Randy Powers, and Elizabeth Powers ("Weinberg") were owners of two...

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