Norco Construction, Inc., a Washington Corporation v. King County, a Municipal Corporation

Norco Construction, Inc. (Norco), a real estate developer, appeals from the grant of summary judgment to King County (the county). The district court found that the statute of limitations barred Norco’s federal claims under 42 U.S.C. § 1983 , as well as pendent state causes of action for tort and inverse condemnation. Norco argues that it could not have brought suit before August 1982. We agree, and find the statute of limitations no bar to Norco’s claims. We further reject the county’s contention that the earlier state mandamus proceeding was res judicata to this action.

Norco owns a seventy-five-acre tract of land in southeast King County. In May 1977, it sought preliminary plat approval under Wash.Rev.Code § 58.17.070 to subdivide the tract into one-acre lots. In August 1977, a county hearing examiner recommended approval of Norco’s preliminary plat; the examiner noted, however, that the plat was inconsistent with a proposed modification of the county’s comprehensive plan, known as the Soos Creek Plan. The Soos Creek Plan, ultimately adopted in November 1979, called for minimum five-acre lots on Norco’s land.

Washington law requires that within ninety days of filing, a county…