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PADGETT v. LOVENTHAL

No. 10-16533.

706 F.3d 1205 (2013)

Joseph PADGETT; Darla Padgett, Plaintiffs-Appellees, v. Brian LOVENTHAL; A. Curtis Wright; Barbara Nesbet; Erin Garner; Mark Brodsky; David Baxter, Defendants-Appellants, and Lisa M. Rice, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed February 11, 2013.

Attorney(s) appearing for the Case

M. Jeffery Kallis , The Law Firm of Kallis & Associates, Andrew V. Stearns and Steven M. Berki , Bustamante O'Hara & Gagliasso, San Jose, CA, for Appellees.

Todd H. Master and Joseph C. Howard, Jr. , Howard Rome Martin & Ridley, LLP, Redwood City, CA, for Appellants.

Before: ALEX KOZINSKI, Chief Judge, MICHAEL DALY HAWKINS and MARY H. MURGUIA, Circuit Judges.

OPINION

MURGUIA, Circuit Judge:

I. Background

Joseph and Darla Padgett filed a complaint asserting state and federal causes of action against eight defendants, stemming from a dispute with the City of Monte Sereno, California about enforcement of a fence height ordinance. The eight defendants were: the City; Brian Loventhal, the City Manager; A. Curtis Wright, the Mayor and member of the City Council; Erin Garner, Mark Brodsky, Barbara Nesbet,...

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