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1 F. ARGUMENT <br /> 2 A. Summary Judgment Standard <br /> 3 A party is entitled to summary judgment"if the pleadings,depositions, answers to <br /> 4 interrogatories, and admissions on file,together with affidavits, if any, show that there is no <br /> 5 genuine issue as to any material fact and that the moving party is entitled to a judgment as a <br /> 6 matter of law." CR 56(c). The moving party bears this burden of proof. Paopao v. State, Dept. <br /> 7 <br /> of'Social and Health Serv.,145 Wn. App. 40, 45, 185 P.3d 640(2008). A party opposing <br /> 8 <br /> summary judgment must present specific facts, and not mere allegations,to show a genuine <br /> 9 <br /> 10 issue of fact for trial.Ballard v. Popp, 142 Wn. App. 307, 313, 174 P.3d 681 (2007). A material <br /> 11 fact is one that affects the outcome of the litigation.Paopao, 145 Wn.App. at 45-46 (citing <br /> 12 Barrie v. Hosts ofAm., Inc., 94 Wn.2d 640, 642, 618 P.2d 96 (1980)). In the context of a motion <br /> 13 for summary judgment,a court should.construe facts and reasonable inferences of facts in favor <br /> 14 of the nonmoving party. Ballard Square Condo. Owners Ass'n v. Dynasty Const. Co., <br /> 15 158 Wn.2d 603, 609, 146 P.2d 914 (2006). "Summary judgment is appropriate if reasonable <br /> 16 <br /> minds could reach only one conclusion from the evidence presented." Id. <br /> 17 <br /> 18 B. Conditions on the Property are Public Nuisances Pursuant to Examiner's <br /> 19 Final Enforceable Decision. <br /> 20 The Court should grant this motion and the relief requested(injunction, and warrant of <br /> 21 abatement)based on the un-appealed findings of the Examiner that nuisance conditions exist and <br /> 22 the unrebutted declaration of Code Enforcement Officer Keirsey that Yost has not complied with <br /> 23 the Examiners' order. As a matter of law,Yost is collaterally estopped from challenging the <br /> 24 <br /> Examiner's findings and order. <br /> 25 <br /> The City's Examiner held that the discarded junk, littler,furniture,vehicle parts and other <br /> Yost Summary Judgment Motion OFFICE OF TIIE CITY ATTORNEY <br /> Page 9 of 23 CITY OF EVERETT <br /> 2930 Wetmore Avenue,10-C <br /> Everett WA 98201 <br /> (425)257-7000 <br />