Tapps Brewing Inc v. City of Sumner

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DANIEL MCCLUNG; ANDREA 

MCCLUNG, individually and as a marital community, Plaintiffs-Appellants, No. 07-35231 and TAPPS BREWING, INC., a  D.C. No.

CV-06-05006-RBL

Washington corporation, Plaintiff, OPINION v.

CITY OF SUMNER,

Defendant-Appellee.  Appeal from the United States District Court for the Western District of Washington Ronald B. Leighton, District Judge, Presiding

Argued and Submitted July 11, 2008—Seattle, Washington

Filed September 25, 2008

Before: Richard R. Clifton and N. Randy Smith, Circuit Judges, and J. Michael Seabright,* District Judge.

Opinion by Judge Seabright

*The Honorable J. Michael Seabright, United States District Judge for the District of Hawaii, sitting by designation.

13741 13744 TAPPS BREWING v. CITY OF SUMNER

COUNSEL

William C. Severson, William C. Severson PLLC, Seattle, Washington, for the plaintiffs-appellants.

Michael C. Walter, Keating, Bucklin & McCormack, Inc., Seattle, Washington, for the defendant-appellee.

OPINION

SEABRIGHT, District Judge:

In 1995, Daniel and Andrea McClung (the…