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LAUREL PARK COMMUNITY, LLC v. CITY OF TUMWATER

No. 11-35466.

698 F.3d 1180 (2012)

LAUREL PARK COMMUNITY, LLC, a Washington limited liability company; Tumwater Estates Investors, a California limited partnership; Velkommen Mobile Park, LLC, a Washington limited liability company; and Manufactured Housing Communities of Washington, a Washington nonprofit corporation, Plaintiffs-Appellants, v. CITY OF TUMWATER, a municipal corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 29, 2012.

Attorney(s) appearing for the Case

Philip A. Talmadge , Talmadge/Fitzpatrick PLLC, Tukwila, WA, for the plaintiffs-appellants.

Jeffrey S. Myers , Law, Lyman, Daniel, Kamerrer & Bogdanovich, P.S., Olympia, WA, for the defendant-appellee.

Judith A. Lurie and Elisabeth Tutsch , Northwest Justice Project, Wenatchee, WA, for Amicus Curiae Association of Manufactured Home Owners.

Daniel A. Himebaugh , Pacific Legal Foundation, Bellevue, WA, for the Amicus Curiae Pacific Legal Foundation.

Before: JOHN T. NOONAN, SUSAN P. GRABER, and JOHNNIE B. RAWLINSON, Circuit Judges.

OPINION

GRABER, Circuit Judge:

Defendant City of Tumwater enacted two ordinances that seek to preserve the existing stock of manufactured home parks within the municipality by limiting the uses of certain properties. Plaintiffs are three of the affected property owners — Laurel Park Community, LLC; Tumwater Estates Investors; and Velkommen Mobile Park, LLC — and a nonprofit entity, Manufactured Housing Communities of Washington. Plaintiffs...

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