Toward Responsible Development et al v. City of Black Diamond et al

State: Washington

Court: Washington Eastern District Court

Docket No: 2:2010cv01826

Case Date: 01/20/2011

Plaintiff: Toward Responsible Development et al

Defendant: City of Black Diamond et al

Preview:1 2 3 4 5 6 7 8 9 10 11 Petitioners, 12 v. 13 CITY OF BLACK DIAMOND, et al., 14 Respondents. 15 On January 10, 2011, the court ordered the parties to show cause why the court 16 should not bifurcate Petitioners' Washington Land Use Petition Act ("LUPA") claims 17 from their federal civil rights claims, remand the LUPA claims based on state law to King 18 County Superior Court, and stay discovery on the civil rights claims pending resolution 19 of the LUPA claims in state court. (Dkt. # 54.) The parties have filed timely briefs in 20 response to the court's order. (Dkt. ## 55 (Br. of Respondent King County), 57 (Br. of 21 Respondents BD Lawson Partners, LP, and BD Village Partners, LP (collectively, 22
ORDER- 1

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE

TOWARD RESPONSIBLE DEVELOPMENT, et al.,

CASE NO. C10-1826JLR ORDER REMANDING STATE LAW CLAIMS

1 "Yarrow Bay")), 59 (Br. of Petitioners), 60 (Br. of Respondent the City of Black 2 Diamond ("Black Diamond")).) All parties represent that they either agree with or take 3 no position regarding the court's proposal to bifurcate the LUPA claims, remand the 4 claims based on state law, and stay discovery. They disagree, however, about whether 5 the court should stay all proceedings in this court pending the state court's resolution of 6 the LUPA claims. 7 The Land Use Petition alleges 22 claims of error in Black Diamond's approval of

8 two development projects. (Land Use Petition (Not. of Removal (Dkt. # 1) at 12-39)

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