Westmark Development Corporati v. City of Burien

MEMORANDUM

Westmark Development Corporation and Trizec Investment Corporation (collectively, “Westmark”) appeal from the district court’s summary judgment in favor of the City of Burien, finding that a 2005 tolling agreement did not apply to West-mark’s substantive due process and equal protection claims against the City and dismissing Westmark’s claims as untimely. On de novo review, we reverse and remand.

The district court erroneously concluded that the tolling agreement does not apply to Westmark’s section 1983 claims against the City. Applying Washington law, we discern the meaning of the agreement “ ‘by viewing the contract as a whole, the subject matter and objective of the contract, all the circumstances surrounding the making of the contract, the subsequent acts and conduct of the parties to the contract, and the reasonableness of respective interpretations advocated by the parties.’ ” Berg v. Hudesman, 115 Wash.2d 657 , 801 P.2d 222, 228 (1990) (quoting Stender v. Twin City Foods, Inc., 82 Wash.2d 250 , 510 P.2d 221, 224 (1973) (internal quotation marks omitted)). The subject matter of the agreement is tolling. Its objective is to toll the limitations period during the…