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CITY OF KENMORE
6700 NE 181st Street
Kenmore, WA 82607
425-398-8900

Card Room Lawsuit Status

When the City Council adopted the card room ban in December 2005, the owner of the card room immediately filed suit in federal district court seeking, among other things, to prevent the enforcement of the Ordinance.

Since that time, the litigation has been winding its way through the judicial system and the card room has been allowed to remain in operation, pursuant to court order.

Currently, the dispute is being considered at two levels, one in the Ninth Circuit Court of Appeals and one in King County Superior.

The City prevailed at the federal district court, and all of the card room owner’s claims were dismissed. That decision has been appealed to the Ninth Circuit.

In Superior Court, the City recently prevailed on the card room owner’s motion for partial summary judgment regarding the gambling tax.

The Ninth Circuit has not yet scheduled a date for hearing on the appeal.

Trial in the Superior Court action is set for March 2008.

We understand that the City’s card room ban will not be enforceable until such time as the courts have ruled on these matters or the cases are otherwise resolved.




RELATED COURT DOCUMENTS:

Defendant's Response to Plaintiff's Motion for Partial Summary Judgment on Gambling Tax Claim

Reply Brief of Appellant Star Northwest, Inc.

Declaration of Doug Farmen Supporting City's Response

Answering Brief of Appellee City of Kenmore

Feb. 9, 2007 Order Denying Plaintiff's Motion for Partial Summary Judgment on Gambling Tax Claim

Response to Emergency Motion under Circuit Rule 27-3

Response Appendix

Emergency Motion Under Circuit Rule 27-3

September 19, 2006 9th Circuit Order

Injunction Appeal

Order on Motion for Summary Judgment

Judgement

Plaintiff’s Motion for Reconsideration

Declaration of Leslie C. Clark, Part 1

Declaration of Leslie C. Clark, Part 2

Corrected Order on Motion for Summary Judgment

Minute Order

Amended Judgment

Amended Complaint

Brief

Declaration of Beth Prieve Gordie

Plaintiff's Brief

Plaintiff's Motion for Clarification

Proposed Order Granting Plaintiff's Motion for Injunction

Preliminary Injunction Response

Proposed Order

ORDER RE: Plaintiff's Motion For Clarification of Status of Stipulated Preliminary Injunction

ORDER RE: Jurisdiction of Plaintiff's Sixth Cause of Action(Refund of Gambling Tax Revenues)

Summons

Motion for Temporary Restraining Order

Declaration of Leslie C. Clark

Plaintiff's/Appellant's Extreme Emergency Motion (1)

Plaintiff's/Appellant's Extreme Emergency Motion (2)

Circuit Order

Sept 26 Judge's Motion

Order Awarding Attorney's Fees

Award of Attorney's Fees Motion

Kenmore Reply to Opposition

Motion in Support of Award

Star NW Opposition

Declaration in Opposition of Defendant's Motion

Declaration Attachment

Battersby Support Declaration

Defendant's Response Supporting City Response

Farmen Declaration Supporting City Response

Gordie Support Declaration

Notice for Hearing Seattle Courthouse

Plaintiff Motion for Partial Summary Judgement

Reply Brief of Appellant Start NW Part 1 Part 2

Gordie Declaration - Judgement on Gambling Tax Claim

Plaintiff's Reply Judgement Gambling Tax

Dayton Declaration 12-07

Evans Declaration 12-07

Batchelor Declaration 12-07

Larson Declaration 12-07

Moynan Declaration 12-07

Beaton Declaration 12-07

Defendents Response to Motion 12-07

City Summary Judgement Motion 12-07

City's Motion for Leave to File Overlength Motion fo Summary Judgement 12-21

City's Reply to Plaintiff's Response 12-21

Order on Summary Judgement 1-08

Report of Proceedings 1-08

Proposed Order 1-08

Summary Judgement 01-08