Heitman et al v. Spokane Valley, City of et al

Filing 1

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NOTICE OF REMOVAL OF ACTION - 1
MENKE JACKSON BEYER EHLIS & HARPER, LLP
807 North 39th Avenue Yakima, WA 98902 Telephone [phone] Fax [phone]

Kenneth W. Harper Menke Jackson Beyer Ehlis & Harper, LLP 807 North 39th Avenue Yakima, WA 98902 [phone] Attorneys for defendant City of Spokane Valley UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON ROBERT HEITMAN, J.R. individually and on behalf of the marital community, and CONKLIN DEVELOPMENT, a Washington general partnerShip, Petitioner/Plaintiff, vs. CITY OF SPOKANE VALLEY, a political subdivision of the State of Washington, Respondent/Defendant. SPOKANE COUNTY LIBRARY DISTRICT, a Washington Special Purpose District, Additional Named Party. ) ) ) NO. ) ) ) ) NOTICE OF REMOVAL OF ACTION: ) UNDER 28 U.S.C. §1441(b) ) (FEDERAL QUESTION) ) ) ) ) )[From Superior Court of the ) State of Washington in and ) for Spokane County] ) ) ) ) )

CV-09-70-FVS

TO:

CLERK OF THE ABOVE-ENTITLED COURT

PLEASE TAKE NOTICE that defendant City of Spokane Valley ("defendant") hereby removes to this Court the state court action described below:

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1. An action was commenced in the Superior Court of the

State of Washington for Spokane County entitled Robert Heitman, J.R., individually and on behalf of the marital community, and Conklin Development, a Washington General Partnership v. City of Yakima, a political subdivision of the State of Washington; and Spokane County Library District, a Washington Special Purpose District, attached hereto as Exhibit "A." 2. The first date upon which defendant City of Spokane

Valley received a copy of the said complaint was February 10, 2009, when defendant City of Spokane Valley was served with a copy of the said complaint and a summons pertaining to the same. A copy of the summons is attached hereto as Exhibit B. 3. This action is a civil action of which this Court

has original jurisdiction under 28 U.S.C. § 1331, and is one that may be removed to this Court by defendant pursuant to the provisions of 28 U.S.C. § 1441(b) in that it arises under the Fourteenth Amendment of the United States Constitution and 42 U.S.C. 1983. 4. All other defendant(s) who have been served with

Summons and Complaint have joined in this Notice of Removal, as evidenced by the Joinder of Spokane County Library District, filed concurrently herewith. NOTICE OF REMOVAL OF ACTION - 2
MENKE JACKSON BEYER EHLIS & HARPER, LLP
807 North 39th Avenue Yakima, WA 98902 Telephone [phone] Fax [phone]

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NOTICE OF REMOVAL OF ACTION - 3
MENKE JACKSON BEYER EHLIS & HARPER, LLP
807 North 39th Avenue Yakima, WA 98902 Telephone [phone] Fax [phone]

5.

All other pleadings filed in the State Court action

are attached hereto as Exhibit "C." DATED THIS 9th day of March, 2009. s/KENNETH W. HARPER WSBA #25578 Attorney for Defendants City of Spokane Valley Of Menke Jackson Beyer Ehlis & Harper, LLP 807 North 39th Avenue Yakima, Washington 98902 Telephone: [phone] Fax: [phone] Email: [e-mail]

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NOTICE OF REMOVAL OF ACTION - 4
MENKE JACKSON BEYER EHLIS & HARPER, LLP
807 North 39th Avenue Yakima, WA 98902 Telephone [phone] Fax [phone]

CERTIFICATE OF SERVICE

I hereby certify that on March 9, 2009, I electronically filed the foregoing with the Clerk of the Court via [e-mail], which will send notification of such filing to the following: Stacy A. Bjordahl [e-mail] and I hereby certify that I have mailed by United States Postal Service the document to the following non-CM/ECF

participants: None. s/KENNETH W. HARPER WSBA #25578 Attorney for Defendants City of Spokane Valley Of Menke Jackson Beyer Ehlis & Harper, LLP 807 North 39th Avenue Yakima, Washington 98902 Telephone: [phone] Fax: [phone] Email: [e-mail]