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EUGSTER v. CITY OF SPOKANE

No. 22761-8-III.

114 P.3d 1200 (2005)

Stephen K. EUGSTER, Appellant, v. CITY OF SPOKANE, a Washington first class charter city; The Spokane City Council, the legislative body of the City; Rob Higgins, the City Council President; Roberta Greene, City Council Member; Phyllis Holmes, City Council Member; and, Steve Corker, City Council Member, Respondents.

Court of Appeals of Washington, Division 3, Panel Eight.

Publication Ordered on Grant of Reconsideration June 21, 2005.

Attorney(s) appearing for the Case

Stephen K. Eugster, Eugster Law Office PSC, Spokane, WA, for Appellant.

Meriwether D. Williams, Winston & Cashatt Lawyers, Spokane, WA, for Respondents.

KURTZ, J.

¶ 1 When a vacancy opened on the Spokane City Council (Council), Rob Higgins, the Council President, circulated a memorandum detailing a proposal for a selection procedure. At one public meeting, Mr. Higgins asked for comments from the Council. At a second public meeting, Mr. Higgins explained the selection procedure, and then assumed that the Council agreed with his proposal because there were no objections...

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