5329 EVERGREEN WAY BASE FILE 2018-01-02 MF Import

.� � �_ -� 1 regular public meeting on June 12, 19B5. At tliis meeting, the � mayo: and all members of the council were present. The plaintiff z 3 was not given any advance notice that this topic would be � � m considered on the council 's agenda. At this meeting, the council �• 6 received testimony from men�Uers of the public in opposition to i � �. -a 8 the issuance of the plaintiff's permits and licenses. o m c c� � 22. At the meeting on June 12, 1965, members of the council ar.�i �� 8 � m the Mayor erere advised by Bruce Jones, �verett City Attorney, that = � 9 r" there was no legal reason why the City coulcl refuse to issue � _ a1 10 licenses and permits to the plaintiff and that failure to issue � v � 11 licenses and permits would cause members of the coun;il to bA o a 1R 3 subjected to personal liability under Title 42, United States = m m .-� 13 '^ Code § 1983. Following receipt of this advice, the majority of o r c� m Y4 the council voted to place a moratorium on the issuance of the m "' z c� 15 -{� plaintiff' s panoram license until August 15, 1985 to allow foi a z 18 E!irther review and study of the panoram licensing ordinance. a 17 = The defendants Stephanson, Overstreet, Langus and Morrow voted in -� � 18 N favor of the moratorium. Two other members of the coun ;il voted z 18 � against the morat<�rium and one member abstained. � 20 m 23. On June 13, 1985 the plaintiPf 's attorney was advised hy 21 letter that because o£ the moratorium, the Gity of Everett cannot 22 issue the panoram license. A copy of this l�tter is attached hereto 23 and incorporated by r.eference herein as plaintiff's Bxhibit C. 24 The plaintiff has also Ueen advised by the �verett City Attorney's 25 COMPLAINT I'OR INJUNCTIVE ANL` DGCLARl1TORY RELI�P' (;ii.w:irr ll. I.�•:��v AND MONEY D�1M11GL•'S -6 ..�r�rouuitv.rri..�n II ��.��u i:•r ri..�or:�i�ic.v r rr i:�xx� tall N'I:Y'19:I/N.\\'I:KI:F: 41?A'1"1'1.1:.'A.1:+III�lP1•UIC IIHIYI (11111)•I.I:I��C{:N