This is an action brought under the Uniform Declaratory Judgments Act, RCW 7.24, seeking a declaration of appellants' alleged right to have certain real property re-zoned by the Board of Commissioners of King County.
Appellants own land that abuts on U.S. Highway No. 10, a few miles east of Lake Washington. In 1958, appellants properly applied to the county commissioners to have their land re-zoned from the use designated as R-A (single residence) to R-3 (multiple residence, trailer court). The application was referred to the King County Planning Commission, which recommended that it be granted. In March of 1959, the commissioners re-zoned three nearby lots from
Appellants thereupon brought this action for a declaratory judgment, alleging that the conduct of the county commissioners was arbitrary, wrongful, capricious, and in violation of appellants' rights. The county's demurrer to the complaint was sustained by the trial court.
Inasmuch as we have concluded that appellants were improperly before the court, we agree with the trial court that the action should be dismissed. This, however, is without prejudice to any other relief, legal or equitable, to which appellants may be entitled. The respondent county should recover its costs. It is so ordered.
April 26, 1961. Petition for rehearing denied.