Kogap Enterprises, Inc v. City of Medford

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS NOV 13 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

KOGAP ENTERPRISES, INC, an Oregon No. 24-5268 Corporation, D.C. No. 1:22-cv-01468-CL Plaintiff - Appellant,

MEMORANDUM*

v.

CITY OF MEDFORD,

Defendant - Appellee.

Appeal from the United States District Court for the District of Oregon Mark D. Clarke, Magistrate Judge, Presiding**

Argued and Submitted October 23, 2025 Portland, Oregon

Before: W. FLETCHER, CHRISTEN, and HURWITZ, Circuit Judges.

KOGAP Enterprises, Inc., appeals a summary judgment in favor of the City

of Medford. Because the parties are familiar with the facts, procedural history, and

arguments in the instant dispute, we do not recount them here. We have

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The parties consented to jurisdiction by a Magistrate Judge. Fed. R. Civ. P. 73(a). Appeals may be taken directly to the court of appeals. 28 U.S.C. § 636(c)(3). jurisdiction pursuant to 28 U.S.C. §…