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BAUMGARDNER v. TOWN OF RUSTON

Case No. C09-5151RJB.

712 F.Supp.2d 1180 (2010)

David BAUMGARDNER, an individual' Gimme Five D, LLC, a Washington State limited liability company; and Commencement View, LLC, a Washington State limited liability company, Plaintiffs, v. TOWN OF RUSTON, a fourth class municipal corporation; Michael Transue, individually and in his former official capacity as Ruston Mayor; Huitt-Zollars, Inc., a Texas corporation, and Carl Stixrood, individually and in his official capacity as Ruston Town Planner, Defendants.

United States District Court, W.D. Washington, at Tacoma.

April 28, 2010.

Attorney(s) appearing for the Case

Joan K. Mell, III , Branches Law PLLC, Fircrest, WA, for Plaintiff.

John Turner Kugler , Burgess Fitzer , Tacoma, WA, Carol A. Morris , Morris & Taraday, Seabeck, WA, Amber L. Hardwick , Kenneth G. Yalowitz , Green & Yalowitz, Seattle, WA, for Defendant.

ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

ROBERT J. BRYAN, District Judge.

This matter comes before the Court on Defendants Town of Ruston and Michael Transue's Motion for Summary Judgment Re: Federal Claims (Dkt. 64), Plaintiffs' Motion for Partial Summary Judgment (Dkt. 63), Defendants Huitt-Zollars and Carl Stixrood's Motion for Summary Judgment (Dkt. 57), Defendants Town of Ruston and Michael Transue's Motion for Summary Judgment Re: State Claims ...

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