R/L ASSOCIATES v. CITY OF SEATTLE

No. 31978-7-I.

73 Wn. App. 390 (1994)

869 P.2d 1091

R/L ASSOCIATES, INC., Respondent, v. THE CITY OF SEATTLE, Appellant.

The Court of Appeals of Washington, Division One.

March 21, 1994.


Attorney(s) appearing for the Case

Mark H. Sidran, City Attorney, and Robert Tobin, Assistant, for appellant.

Richard B. Sanders and Sanders Law Office, for respondent.


WEBSTER, C.J.

The City of Seattle appeals a summary judgment claiming collateral estoppel did not apply, a land use variance is not a property interest, the action was barred by its nonclaim statute, res judicata did not bar dismissal, and the court improperly awarded attorneys' fees. We affirm the award of damages under 42 U.S.C. § 1983 and remand for recalculation of attorneys' fees.

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