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McCLUNG v. CITY OF SUMNER

No. 07-35231.

548 F.3d 1219 (2008)

Daniel McCLUNG; Andrea McClung, individually and as a marital community, Plaintiffs-Appellants, and Tapps Brewing, Inc., a Washington corporation, Plaintiff, v. CITY OF SUMNER, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 25, 2008.

Amended December 1, 2008.

Attorney(s) appearing for the Case

William C. Severson, William C. Severson PLLC, Seattle, WA, for the plaintiffs-appellants.

Michael C. Walter, Keating, Bucklin & McCormack, Inc., Seattle, WA, for the defendant-appellee.

Before RICHARD R. CLIFTON and N. RANDY SMITH, Circuit Judges, and J. MICHAEL SEABRIGHT, District Judge.

ORDER AMENDING OPINION AND DENYING REHEARING AND AMENDED OPINION

ORDER

The opinion filed on September 25, 2008, is amended as follows:

On slip Opinion page 13750, insert a new footnote 3 at the bottom of the page after the sentence that ends "... applies to Ordinance 1603." (and renumber the subsequent footnotes):

We observe that the ordinance before us concerns a permit condition designed to mitigate the adverse effects of the new development...

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