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SAMSON v. CITY OF BAINBRIDGE ISLAND

No. 10-35352.

683 F.3d 1051 (2012)

Kelly SAMSON; Sally Samson; Charles Kuhn; Sarah Kuhn; John L. Sutherland; Carole D. Sutherland; Thomas E. Morgan, III; Beth Bryson Morgan; Thomas E. Morgan Children's Trust; Blakely Rock Holdings LLC; A. Gary Ames; Barbara J. Ames; A. Gary and Barbara J. Ames Living Trust; Mark D. Laroche; Trina Laroche; Blakely Properties LLC; Samson Family Land Company, LLC; Blakely Harbor Properties LLC, Plaintiffs-Appellants, v. CITY OF BAINBRIDGE ISLAND, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 15, 2012.

Attorney(s) appearing for the Case

Averil Rothrock and Aaron Matthew Laing — Schwabe Williamson & Wyatt, PC, Seattle, Washington; and Dennis Reynolds — Law Office of Dennis D. Reynolds, Bainbridge Island, Washington, for the plaintiffs-appellants.

Michael Charles Walter , Amanda Gabrielle Butler , and Randal Wayne Ebberson — Keating Bucklin & McCormack Inc. P.S., Seattle, Washington; and Rod P. Kaseguma , Rosemary A. Larson , and William A. Linton — Inslee, Best, Doezie & Ryder, P.S., Bellevue, Washington, for the defendant-appellee.

Daniel A. Himebaugh — Pacific Legal Foundation, Bellevue, Washington, for amicus curiae Pacific Legal Foundation.

Before: RICHARD A. PAEZ and MARY H. MURGUIA, Circuit Judges, and JAMES S. GWIN, District Judge.

OPINION

PAEZ, Circuit Judge:

"Full indeed is earth of woes, and full the sea," remarked Hesiod,1 and reviewing the long odyssey of Kelly and Sally Samson, we are inclined to agree. The pair own waterfront property in picturesque Blakely Harbor in the City of Bainbridge Island. They devoutly wished to build a pier or a dock on their property during a time when local authorities had imposed a moratorium on such projects. The Samsons...

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