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EXPRESS CARWASH OF CHARLOTT. v. CITY OF CHARLOTT.

No. CIV.A.3:03 CV 00057.

320 F.Supp.2d 466 (2004)

EXPRESS CARWASH OF CHARLOTTESVILLE, L.L.L.P., by and through Henry Weinschenk, its General Partner, Plaintiff v. CITY OF CHARLOTTESVILLE; Charlottesville City Council; Gary O'Connell, City Manager, sued in his official capacity, City of Charlottesville Department of Public Works; City of Charlottesville Public Utilities; Judith Mueller, Director of Public Works, sued in her official capacity; J.G. Palmborg, Public Utilities Manager, sued in his official capacity; John Doe Individuals 1-10; Doe Governmental Entities 1-10; Doe Partnerships, Corporations, Fiduciaries, or Other Entities 1-10, Defendants.

United States District Court, W.D. Virginia, Charlottesville Division.

May 27, 2004.

Attorney(s) appearing for the Case

R. Frazier Solsberry, Charlottesville, VA, for Plaintiff.

John Walter Zunka, Richard H. Milnor, Taylor Zunka Milnor & Carter Ltd., Charlottesville, VA, for Defendants.

MEMORANDUM OPINION

MICHAEL, Senior District Judge.

The plaintiff in this action seeks various forms of relief for losses incurred as a result of water usage restrictions imposed during a period of severe drought in Charlottesville, Virginia. The defendants responded by filing motions to dismiss for lack of subject matter jurisdiction and for failure to state a claim upon which relief could be granted. The magistrate judge recommended that this court...

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