Decker v. City of Port Orchard et al

Filing 5

ORDER granting 4 Stipulated Motion Bifurcating and Remanding the State Claim back to the Kitsap County Superior Court, signed by Judge Ronald B. Leighton.(DN)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 State Claims, hereby finds that: Defendants. CITY OF PORT ORCHARD; the CITY COUNCIL OF PORT ORCHARD; CAROLYN POWERS; FRED CHANG and JANE DOE CHANG, husband and wife; JIM COLEBANK and JANE DOE COLEBANK, husband and wife; FRED OLIN and JANE DOE OLIN, husband and wife; JERRY CHILDS and JANE DOE CHILDS, husband and wife; KEVIN M. DECKER, Petitioner, vs.

HONORABLE RONALD B. LEIGHTON

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA NO. C09-5000 KITSAP COUNTY SUPERIOR COURT CAUSE NO. 08-2-03060-3

ORDER BIFURCATING AND REMANDING STATE CLAIM

THIS COURT having considered the parties' Stipulated Bifurcation and Remand of

The parties have stipulated to a bifurcation and remand of Petitioner's Land Use Petition Act (LUPA) claim back to Kitsap County Superior Court which has concurrent subject matter jurisdiction over Petitioner's LUPA claim.
PROPOSED ORDER PAGE 1 Sherrard &McGonagle, P.S. 19717 Front Street N.E. P.O. Box 400 Poulsbo, WA 98370 [phone] Phone [phone] Fax

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PROPOSED ORDER PAGE 2

ORDER It is hereby ORDERED and ADJUDGED that this case is bifurcated, and Petitioner's Land Use Petition Act (LUPA) cause of action under RCW 36.70C is remanded to Kitsap County Superior Court, State of Washington, which has concurrent subject matter jurisdiction; provided that, this Court has original jurisdiction over Petitioner's causes of action that are cognizable under 42 U.S.C. §§ 1983 and 1988, which claims shall proceed in this District Court.

DATED this 2nd day of February, 2009.

RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE Presented by: SHERRARD & McGONAGLE, P.S. MORRIS & TARADAY, P.C.

A

/s/ Matthew A. Lind, WSBA # 37179 Attorney for Petitioner Kevin Decker

/s/ Carol A. Morris, WSBA #19241 Attorney for Defendants

Sherrard &McGonagle, P.S. 19717 Front Street N.E. P.O. Box 400 Poulsbo, WA 98370 [phone] Phone [phone] Fax