See 1-201 Weinstein’s FedeRal Evidence § 201.11[2]; compare Cofield, v. Alabama Public Serv. Comm’n, 936 F.2d 512, 517 (11th Cir.1991) (“That a statement of fact appears in a daily newspaper does not of itself establish that the stated fact is ‘capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.’ ”); Font v. Residential Servs. Validated Publ’ns, 1:06-CV-00934-SMS, 2007 WL 833178, 2007 U.S. Dist. LEXIS 23010 (E.D.Cal. Mar. 16, 2007); with Ritter v. Hughes Aircraft Co., 58 F.3d 454, 458 (9th Cir.1995).
In the absence of the City’s objection to the content of the attachments, the Court has considered only those facts that appear undisputed, such as that the Concord ZBA held a hearing and denied the Rock-land Road variance on January 3, 2007. Similarly, as the City did not object to the genuineness and accuracy of the ZBA minutes or the letter from City’s counsel dated February 6, 2007, the Court will consider those documents. The Court will not, however, take judicial notice of the contents of the e-mail from Peter Clary, a private engineer, to Ms. Drukker, since it does not, under any measure, fit within the requirements for judicial notice.
C. The Factual Background of the Motion
Morton and Carolyn Tuttle live together in the historic Tuttle House, a property eligible for listing on the National Historic Register and located in the path of the Northwest Bypass, a proposed road in the center of Concord that has been the source of intractable and extensive litigation. Martha Drukker, an Assistant City Engineer, has been employed by the city of Concord since 1989 and has been Project Manager of the Northwest Bypass Project since 1990. Aff. of Martha Drukker ¶¶ 1, 2 (Docket # 111-2) (Drukker Aff.). Over the last ten years, Ms. Drukker has had “numerous conversations with the Tuttles about the eventual relocation of their house;” she characterizes those conversations as “friendly.” Id. ¶3. Ms. Drukker has engaged in an extensive search for alternative lots where the Tuttle House could be relocated and the City has presented “19 lots to them for consideration.” Id. ¶ 5. In 2002, the City focused on a potential lot located at Gabby Lane. Id. ¶ 7. The Tuttles initially liked the lot, but later decided it was not acceptable.4 Id. The City, the Corps, and the State Historic Preservation Office continued to consider the Gabby Lane lot acceptable and the City not only ended up purchasing the lot for $95,000.00 on October 10, 2002, but also signed a Memorandum of Agreement (MOA) incorporating a requirement that the City move the house to the Gabby Lane lot. Id. After the lot size for the Gabby Lane parcel was reduced, the Tuttles no longer wished to move there and they never signed the MOA.
After the Tuttles initiated this federal lawsuit in July 2006, the City continued to consider other lots that might be acceptable to the Tuttles. Id. ¶ 9. In October, 2006, the City located a site at Rockland Road that the Tuttles seemed to like and although the lot required zoning variances, the City agreed to pursue approval with the ZBA. Id. ¶ 10. On January 3, 2007, after a public hearing during which there was considerable public criticism of the City’s efforts to accommodate the Tuttles, the ZBA denied the City’s request for a variance. Id. One of the areas of public criticism was that the City had continued
4
The Tuttles say that they found the Gabby Lane lot unacceptable only after the City proposed to significantly reduce the size of the lot, which preceded the City’s actual acquisition of the property. Pis. ’ Reply at 1-3.