Newport Yacht Club v. City of Bellevue

528 F. App'x 703

• Court: Court of Appeals for the Ninth Circuit
• Decided: June 14, 2013
• Docket: 12-35388
• Status: Unpublished

Opinion

EMORANDUM ***

The Newport Yacht Club, along with William and Leanne Weinstein (the Wein-steins) appeal the district court’s determination that the City of Bellevue did not breach a settlement agreement regarding the Weinsteins’ development of a “salmon habitat enhancement project” on then-property. We affirm.

The district court did not exceed the scope of the Ninth Circuit’s remand order. See United States v. Washington, 172 F.3d 1116, 1118 (9th Cir.1999). Because the parties’ dispute over the meaning of the phrase “salmon habitat enhancement project” raised a factual issue, we held that the district court erred in resolving this dispute as a matter of law, and we directed the district court to determine the mutual intent of the parties at trial. On remand, the district court properly held a trial, made the necessary determination regarding the parties’ intent, and resolved the parties’ dispute.

The district court did not clearly err in finding after trial that the parties intended the term “salmon habitat enhancement project” to mean a project that enhanced the raw land. See Ingram v. ACandS, Inc., 977 F.2d 1332, 1340 (9th Cir.1992). This finding was supported by testimony regarding the history and context of the settlement agreement, as well as testimony by a fisheries expert that the phrase “salmon habitat enhancement project” in an environmental context refers to enhancement of natural land. Because the Weinsteins’ project was found not to be a salmon habitat enhancement project, we find no error in the district court’s holding that Bellevue did not breach its contractual requirement to cooperate with the Wein-steins in the permitting of such a project. Accordingly, the district court did not err in holding that Bellevue was the prevailing party.

AFFIRMED.

*** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.