Miller v. City of Burien

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 13 2026

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

MARK MILLER, Pastor; BURIEN FREE No. 25-1192 METHODIST CHURCH, also known as D.C. No. 2:24-cv-01301-BJR Oasis Home Church,

Plaintiffs - Appellants, MEMORANDUM*

v.

CITY OF BURIEN, a municipal corporation; JEFFREY D. WATSON, Planning Representative for the City of Burien; JOSEPH STAPLETON, Building Representative for the City of Burien,

Defendants - Appellees.

Appeal from the United States District Court for the Western District of Washington Barbara Jacobs Rothstein, District Judge, Presiding

Argued and Submitted February 11, 2026 Seattle, Washington

Before: McKEOWN, W. FLETCHER, and BUMATAY, Circuit Judges.

The Burien Free Methodist Church and Pastor Mark Miller appeal from the

district court’s dismissal of their claims for declaratory relief against the City of

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Burien. We have jurisdiction under 28 U.S.C. § 1291 and…