Dennis Ballen Nice Tie Inc., a Washington Corporation Dba Blazing Bagels v. City of Redmond, a Municipal Corporation City of Redmond Planning and Community Development Department Roberta Lewandowski, in Her Official Capacity as Planning Director of the City of Redmond Dept of Planning and Community Development, Dennis Ballen Nice Tie Inc., a Washington Corporation Dba Blazing Bagels v. City of Redmond, a Municipal Corporation City of Redmond Planning and Community Development Department Roberta Lewandowski, in Her Official Capacity as Planning Director of the City of Redmond Dept of Planning and Community Development

463 F.3d 1020 Dennis BALLEN; Nice Tie Inc., a Washington corporation dba Blazing Bagels, Plaintiffs-Appellees, v. CITY OF REDMOND, a municipal corporation; City of Redmond Planning and Community Development Department; Roberta Lewandowski, in her official capacity as Planning Director of the City of Redmond Dept of Planning and Community Development, Defendants-Appellants. Dennis Ballen; Nice Tie Inc., a Washington corporation dba Blazing Bagels, Plaintiffs-Appellees, v. City of Redmond, a municipal corporation; City of Redmond Planning and Community Development Department; Roberta Lewandowski, in her official capacity as Planning Director of the City of Redmond Dept of Planning and Community Development, Defendants-Appellants. No. 04-35606. No. 04-35758. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 6, 2006. Filed September 15, 2006. COPYRIGHT MATERIAL OMITTED J. Zachary Lell, Seattle, WA, for the defendants-appellants. Steven M. Simpson, Arlington, VA, for the plaintiffs-appellees. Appeal from the United States District Court for the Western District of Washington; Marsha J. Pechman, District Judge, Presiding. D.C. No. CV-03-02580-MJP. Before: TALLMAN…