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HAYES v. CITY OF SEATTLE

No. 62820-3.

934 P.2d 1179 (1997)

131 Wash.2d 706

Michael HAYES, Respondent, v. CITY OF SEATTLE, Petitioner.

Supreme Court of Washington, En Banc.

Decided April 17, 1997.

Attorney(s) appearing for the Case

Robin L. Rivett, Pacific Legal Foundation, Sacramento, CA, Groen & Stephens, John M. Groen, Bellevue, for Amicus Curiae on Behalf of Pacific Legal Foundation.

Mark Sidran, Seattle City Atty., Robert D. Tobin, Asst., Seattle, for Petitioner.

Richard B. Sanders, Bellevue, for Respondent.

ALEXANDER, Justice.

The City of Seattle obtained review of a decision of the Court of Appeals affirming the Superior Court's grant of a summary judgment in favor of Michael Hayes and against Seattle. We affirm the Court of Appeals, albeit for reasons that differ from those given by that court, concluding that the Superior Court correctly determined that Hayes should be awarded damages pursuant to RCW 64.40 for arbitrary and capricious action of the Seattle City Council...

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