Hayes v. City of Seattle

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.

In November 1987, Michael Hayes applied to Seattle’s Department of Construction and Land Use (DCLU) for a *709master use permit in order to allow…