ROSEN v. TACOMA

No. 3035-2.

24 Wn. App. 735 (1979)

603 P.2d 846

MAX ROSEN, ET AL, Respondents, v. THE CITY OF TACOMA, Appellant.

The Court of Appeals of Washington, Division Two.

November 30, 1979.


Attorney(s) appearing for the Case

Robert R. Hamilton, City Attorney, and F.H. Chapin, Jr., and Thomas Dempsey, Assistants, for appellant.

Richard J. Dolack and Barry N. Mesher, for respondents.


SOULE, J.

The City of Tacoma appeals the judgment of the trial court awarding damages to the plaintiffs for the City's alleged arbitrary and capricious action in refusing to approve plaintiffs' plan to repair their apartment building. We find no liability as a matter of law and reverse the decision of the trial court.

On March 12, 1974, a windstorm damaged an apartment building owned by the plaintiffs located in the city of Tacoma. The storm caused a number...

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