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BRERETON v. BOUNTIFUL CITY CORP.

No. 05-4067.

434 F.3d 1213 (2006)

B.L. BRERETON, Plaintiff-Appellant, v. BOUNTIFUL CITY CORPORATION, a government entity; Barbara Holt, Bountiful City Councilwoman; John Pitt, Bountiful City Councilman; Richard Higginson, Bountiful City Councilman; Fred Moss, Bountiful City Councilman; Tom Tolman, Bountiful City Councilman; Paul Rapp, Bountiful City Chief of Police; J.C. Ynchausti, Bountiful City Prosecutor; Joe Johnson, Bountiful City Mayor, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 26, 2006.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Brian M. Barnard, James L. Harris, Jr., Utah Legal Clinic, Salt lake City, UT, for Appellant.

David L. Church, Blaisdell and Church, Salt Lake City, UT; Russell L. Mahan, Bountiful City Attorney, Bountiful, UT, for Appellees.

Before TYMKOVICH, PORFILIO, and BALDOCK, Circuit Judges.

PORFILIO, Circuit Judge.

B.L. Brereton brought this complaint challenging a Bountiful City, Utah parking ordinance. The district court concluded that Mr. Brereton lacked standing to pursue the action. It dismissed Mr. Brereton's complaint with prejudice, denied his motion for new trial, and denied him leave to file a second amended complaint. On appeal, Mr. Brereton challenges the "with prejudice" aspect of the dismissal. We affirm the district court's judgment insofar...

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