Barstow Proprietor Association v. City of Barstow

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS DEC 17 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

BARSTOW PROPRIETOR No. 23-3935 ASSOCIATION, et al., D.C. No. 5:23-cv-00926-JLS-JC Plaintiffs - Appellants,

v. MEMORANDUM*

CITY OF BARSTOW, a municipal corporation; MEGHAN A. WHARTON,

Defendants - Appellees.

Appeal from the United States District Court for the Central District of California Josephine L. Staton, District Judge, Presiding

Submitted November 19, 2024** Pasadena, California

Before: RAWLINSON, CHRISTEN, and JOHNSTONE, Circuit Judges.

Plaintiffs-Appellants appeal the district court’s decision dismissing their

complaint for failure to state a claim. We have jurisdiction under 28 U.S.C. §1291.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Reviewing de novo, we affirm. See Metzler Inv.…