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FEATURE REALTY, INC. v. CITY OF SPOKANE

Nos. 01-36137, 02-35430.

331 F.3d 1082 (2003)

FEATURE REALTY, INC., a Nevada corporation, Petitioner-Appellant, v. CITY OF SPOKANE, a municipal corporation, Respondent-Appellee, Spokane Research & Defense Fund, a Washington nonprofit corporation, Respondent-intervenor-Appellee. Feature Realty, Inc., a Nevada corporation, Petitioner-Appellant, v. City of Spokane, a municipal corporation, Respondent-Appellee, Spokane Research & Defense Fund, a Washington nonprofit corporation, Respondent-intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 11, 2003.

Attorney(s) appearing for the Case

Philip A. Talmadge, Talmadge & Stockmeyer PLLC, Tukwila, WA, argued the cause for the appellant. Jens Schmidt and James E. Mountain, Harrang Long Gary Rudnick P.C., Eugene, OR, filed briefs.

David D. Swartling, Mills Meyers Swartling, Seattle, WA, argued the cause and filed a brief for appellee the City of Spokane. Daniel R. Laurence, Mills Meyers Swartling, Seattle, WA, was on the brief.

Stephen K. Eugster, Eugster Law Firm, Spokane, WA, filed a brief on behalf of appellee-intervenor the Spokane Research & Defense Fund.

Before BEEZER, O'SCANNLAIN, Circuit Judges, and BOLTON, District Judge.

OPINION

O'SCANNLAIN, Circuit Judge.

We are called upon to decide whether a settlement agreement entered into by the Spokane City Council and a property developer violated Washington's Open Public Meetings Act.

I

In 1992, Mission Springs, Inc. and Feature Realty, Inc. (collectively "Feature Realty") applied for and received permission from the Spokane City Council to build an apartment complex in Spokane, Washington. In 1995, Feature Realty...

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