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FABRE v. TOWN OF RUSTON

No. 43459-8-II.

321 P.3d 1208 (2014)

Steve FABRE, individually; and Point Defiance Cafe and Casino, LLC, Appellants/Cross Respondents, v. TOWN OF RUSTON, a municipal corporation; Respondent/Cross Appellant, Robert Everding, in his former capacity as Ruston's mayor, and individually; and Robert and Sally Everding's marital community; Dan Albertson, in his former capacity as Ruston's councilmember, and individually; and Dan and Paula Albertson's marital community; Jane Hunt, in her capacity as Ruston's councilmember, and individually and any marital community; and Bradley Huson, in his capacity as Ruston's councilmember, and individually, Defendants.

Court of Appeals of Washington, Division 2.

March 19, 2014.

Attorney(s) appearing for the Case

Joan Kristine Mell , III Branches Law PLLC, Fircrest, WA, for Appellants/Cross Respondents.

Stephen Maurice Lamberson , Etter McMahon Lamberson Clary & Oreskovi, Jennifer C. Underwood , Lukins & Annis, P.S., Spokane, WA, for, Carol Ann Morris , Morris Law P.C., Gig Harbor, WA, Raymond Francis Clary , Etter McMahon Lamberson Clary & Oreskovi, Spokane, WA, for Respondent/Cross Appellant.

PUBLISHED OPINION

WORSWICK, C.J.

¶ 1 Steve Fabre appeals the summary judgment dismissal of his claims against the Town of Ruston after it passed two ordinances — one taxing social card games and one prohibiting house-banked social card games — which Fabre claims drove his Point Defiance Cafe and Casino out of business. Fabre argues that the superior court erred by dismissing his claims because (1) the public duty doctrine does not bar...

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