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McCLUNG v. CITY OF SUMNER

No. 07-35231.

545 F.3d 803 (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.

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.

SEABRIGHT, District Judge:

In 1995, Daniel and Andrea McClung (the "McClungs") sought to develop property they owned in the City of Sumner (the "City"), and learned that their underground storm drain pipe did not meet the City's requirement for new developments to include pipes at least 12 inches in diameter. The McClungs assert that the City's subsequent request that they install a 24-inch pipe in exchange for the City approving their permit application and waiving...

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