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BUDNICK v. TOWN OF CAREFREE

No. 06-15841.

518 F.3d 1109 (2008)

F.G. BUDNICK, a married man; Tempo Inc., a Michigan corporation, Plaintiffs-Appellants, v. TOWN OF CAREFREE, a body corporate; Edward C. Morgan, personally and in his official capacity as Mayor and Town Councilmember; Bob Coady; Mike Eicher; Wayne Fulcher, personally and in their official capacities as Town Councilmembers, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 11, 2008.

Attorney(s) appearing for the Case

Elliot L. Bien, Bien & Summers LLP, Novato, CA, for the plaintiffs-appellants.

C. Brad Woodford, Moyes Storey Ltd., Phoenix, AZ, for the defendants-appellees.

Before: WILLIAM C. CANBY, JR., DAVID R. THOMPSON, and MILAN D. SMITH, JR., Circuit Judges.

MILAN D. SMITH, JR., Circuit Judge:

Plaintiffs-Appellants, F.G. Budnick, and the development company of which he is the chief executive officer, Tempo, Inc. (collectively, Budnick), sued Defendants-Appellees, the Town of Carefree and four Town Council members1 (collectively, Carefree) after Carefree denied Budnick's request for a Special Use Permit (SUP) to build a multi-level continuing-care retirement community in Carefree. Budnick claimed...

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