Legal Opinion

Smoke v. City of Seattle

Washington Supreme Court

Decided May 22, 1997No. 63615-0PublishedCited by 21 opinions

1Opinion of the CourtMadsen, J.

This case requires us to examine the application of the statutory requirement in RCW 64.40 for exhaustion of administrative remedies to a municipal land use ordinance. We decide that a site interpretation as set forth in Seattle Municipal Code (SMC) 23.88.020 does not provide an available administrative remedy from the nonappealable denial of a Type I land use permit. We further hold RCW 64.40 impliedly authorizes award of post-judgment interest.

STATEMENT OF THE CASE

In 1989, Plaintiffs Larry G. Smoke, Jane C. Smoke, Dean *218Quail, and Elizabeth Quail, operating as Smoke Quail, Inc., purchased…

2Cases cited24 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. McCarthy v. MadiganSupreme Court of the United States · 1992
  3. McNeese v. Board of Education for Community Unit School District 187 CahokiaSupreme Court of the United States · 1963
  4. King v. City of SeattleWashington Supreme Court · 1974
  5. United States Alkali Export Ass'n v. United StatesSupreme Court of the United States · 1945

19 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. City of Seattle v. BlumeWashington Supreme Court · 1997
  2. Laymon v. Department of Natural ResourcesCourt of Appeals of Washington · 2000
  3. Smoke v. City of SeattleWashington Supreme Court · 1997
  4. Westway Construction, Inc. v. Benton CountyCourt of Appeals of Washington · 2006
  5. Evergreen Washington Healthcare Frontier, LLC v. Department of Social & Health ServicesCourt of Appeals of Washington · 2012

16 more not listed; retrieve them via the Exa API.

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