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BROWER v. PALS

No. 41321-0-I.

984 P.2d 1036 (1999)

96 Wash.App. 559

Allen J. BROWER and Pam Brower, husband and wife, Appellants, v. PIERCE COUNTY, a municipal corporation, acting Through its Planning and Land Services Department, Respondent.

Court of Appeals of Washington, Division 1.

As Amended and Publication Ordered August 20, 1999.

Attorney(s) appearing for the Case

Dennis D. Reynolds, Mark S. Davidson, Williams, Kastner & Gibbs, PLLC, Seattle, for Appellants.

John W. Ladenburg, Prosecuting Attorney, Daniel R. Hamilton, Deputy, Tacoma, for Respondent.

COX, J.

Pam and Allen Brower appeal the summary dismissal of their damages action pursuant to RCW 64.401 against Pierce County. Notwithstanding the County's suggestion to the contrary, we hold that the Browers timely filed their notice of appeal. But the exhaustion of their administrative remedy through the hearing examiner provided them adequate relief. Consequently, they have no cause of action against the County. We affirm.

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