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SMOKE v. CITY OF SEATTLE

No. 63615-0.

937 P.2d 186 (1997)

132 Wash.2d 214

Larry G. SMOKE and Jane C. Smoke, Husband and Wife; Dean Quall and Elizabeth Quall, Husband and Wife; Smoke Quall, Inc., a Washington Corporation, Petitioners, v. The CITY OF SEATTLE, a Municipal Corporation, Respondent.

Supreme Court of Washington, En Banc.

Decided May 22, 1997.

Attorney(s) appearing for the Case

Groen & Stephens, John Groen, Bellevue, for petitioners.

Mark H. Sidran, Seattle City Atty., Judith B. Barbour, Robert D. Tobin, Asst. Seattle City Attys., Seattle, for Respondent.

Victor J. Wolski, Robin L. Rivett, Sacramento, Amicus Curiae on behalf of Pacific Legal Foundation.

MADSEN, Justice.

This case requires us to examine the application of the statutory requirement in RCW 64.40 for exhaustion of administrative remedies to a municipal land use ordinance. We decide that a site interpretation as set forth in Seattle Municipal Code (SMC) 23.88.020 does not provide an available administrative remedy from the nonappealable denial of a Type I land use permit. We further hold RCW 64.40 impliedly authorizes award of postjudgment interest.<...

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