Rosen v. City of Tacoma

The City of Tacoma appeals the judgment of the trial court awarding damages to the plaintiffs for the City's alleged arbitrary and capricious action in refusing to approve plaintiffs' plan to repair their apartment building. We find no liability as a matter of law and reverse the decision of the trial court.

On March 12, 1974, a windstorm damaged an apartment building owned by the plaintiffs located in the city of Tacoma. The storm caused a number of bricks from the upper portion of the south wall to fall off the building onto the streets and neighboring buildings. Plaintiffs hired Jardeen…