CARKEEK v. CITY OF SEATTLE

No. 21044-1-I.

53 Wn. App. 277 (1989)

766 P.2d 480

PAUL CARKEEK, ET AL, Appellants, v. THE CITY OF SEATTLE, ET AL, Respondents.

The Court of Appeals of Washington, Division One.

January 17, 1989.


Attorney(s) appearing for the Case

Paul Carkeek and Rebecca Carkeek, pro se.

Douglas N. Jewett, City Attorney, and Gordon F. Crandall, Senior Assistant, for respondent Seattle.

John Chapman, for respondents Vann.


PEKELIS, J.

Paul and Rebecca Carkeek appeal from a superior court order that the City of Seattle exercise its discretion to enforce the Land Use Code (Code). They contend that the City has an obligation, not simply the discretion, to abate structures which violate the Code. The City argues that even if there is a Code violation, whether or not to abate the violation is a discretionary decision.

In 1950, a garage was constructed on the property currently owned...

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