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RIVETT v. CITY OF TACOMA

No. 60773-7.

123 Wn.2d 573 (1994)

870 P.2d 299

HELEN RIVETT, Plaintiff, v. THE CITY OF TACOMA, Appellant, JOSEPH GUNDERMANN, JR., ET AL, Respondents.

The Supreme Court of Washington, En Banc.

March 17, 1994.

Attorney(s) appearing for the Case

William J. Barker, City Attorney, John C. Kouklis, Chief Assistant, and Leah L. Clifford, Assistant, for appellant.

Burgess, Fitzer, Leighton & Phillips, P.S., by Timothy R. Gosselin, for respondents.

SMITH, J.

The City of Tacoma appeals from orders of the Pierce County Superior Court granting summary judgment to Joseph Gundermann, Jr. and "Jane Doe" Gundermann, which declared Tacoma Municipal Code (TMC) 9.17.010 facially unconstitutional as an unreasonable exercise of the City's police powers and dismissed the cross-claim of the City against the Gundermanns. We accepted certification from the Court of Appeals, Division Two. We affirm the Superior Court.

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