Shouse v. Pierce County

559 F.2d 1142 Jack SHOUSE, David Romer, E. A. Baxendale, and Alice M. Baxendale, Plaintiffs-Appellants. v. PIERCE COUNTY, a political subdivision of the State of Washington, Clay Huntington, Patrick J. Gallagher, and George P. Sheridan, County Commissioners, Defendants-Appellees. No. 76-2790. United States Court of Appeals, Ninth Circuit. Aug. 25, 1977. Richard B. Sanders, Seattle, Wash., argued for plaintiffs-appellants. Mark L. Bubenik, Deputy Pros. Atty., Pierce County, Edwin Wheeler, Associate Counsel, argued, Tacoma, Wash., for defendants-appellees. Appeal from the United States District Court for the Western District of Washington at Tacoma. Before HUFSTEDLER and TRASK, Circuit Judges, and BURNS, * District Judge. PER CURIAM: 1 The appellants brought this civil rights action ( 42 U.S.C. § 1983 ) to challenge the constitutional validity of the formation of a Utility Local Improvement District ("Utility District"), created to provide a municipal sewer system, on the ground that the state statute, pursuant to which the Utility District was formed (R.C.W. 36.94.240), violated the Equal Protection Clause of the Fourteenth Amendments. The appellants sought to enjoin the…