Ballen

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DENNIS BALLEN; NICE TIE INC., a  Washington corporation dba Blazing Bagels, Plaintiffs-Appellees, v. CITY OF REDMOND, a municipal No. 04-35606 corporation; CITY OF REDMOND PLANNING AND COMMUNITY  D.C. No.

CV-03-02580-MJP

DEVELOPMENT DEPARTMENT;

ROBERTA LEWANDOWSKI, in her official capacity as Planning Director of the City of Redmond Dept of Planning and Community Development, Defendants-Appellants. 

17649 17650 BALLEN v. CITY OF REDMOND

DENNIS BALLEN; NICE TIE INC., a  Washington corporation dba Blazing Bagels, Plaintiffs-Appellees, No. 04-35758 v. D.C. No. CITY OF REDMOND, a municipal CV-03-02580-MJP corporation; CITY OF REDMOND

PLANNING AND COMMUNITY  ORDER

AMENDING

DEVELOPMENT DEPARTMENT;

OPINION AND

ROBERTA LEWANDOWSKI, in her

AMENDED

official capacity as Planning

OPINION

Director of the City of Redmond Dept of Planning and Community Development, Defendants-Appellants.  Appeal from the United States District Court for the Western District of Washington Marsha J.…