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LANDMARK DEVELOPMENT, INC. v. CITY OF ROY

No. 65817-0.

980 P.2d 1234 (1999)

138 Wash.2d 561

LANDMARK DEVELOPMENT, INC., a Washington corporation, Petitioner, v. CITY OF ROY, a municipal corporation; Charles L. Wolf and Jane Doe Wolf, husband and wife; James Rotondo and Jane Doe Rotondo, husband and wife; Joe Derefield and Jane Doe Derefield, husband and wife; Rex Raczykowski and Jane Doe Raczykowski, husband and wife; James Byrd and Jane Doe Byrd, husband and wife; and Patrick Sloppy and Jane Doe Sloppy, husband and wife, Respondents.

Supreme Court of Washington, En Banc.

Decided July 22, 1999.

Attorney(s) appearing for the Case

Gordon, Thomas, Honeywell, Salvador A. Mungia, II, Margaret Archer, Tacoma, for Petitioner.

Ogden, Ogden & Wallace, Phillip C. Raymond, Kent C. Metey, Seattle, for Respondents.

JOHNSON, J.

This case requires us to decide whether a municipality, in setting and applying water connection charges authorized under RCW 35.92.025, is liable to a developer for damages under RCW 64.40.020(1), RCW 35.92.010, or 42 U.S.C. § 1983 and § 1988. Specifically, we must resolve whether a municipality, in determining its water system users' equitable share of the system's cost via the computation of water charges authorized under RCW 35.92.025, must...

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