Tacoma Promenade v. City of Tacoma

*622 MEMORANDUM *

Tacoma Promenade (“Promenade”) appeals the district court’s grant of summary judgment for the City of Tacoma (“City”) on Promenade’s breach of contract claim. We have jurisdiction over this timely appeal. We affirm substantially for the reasons stated by the district court.

Promenade’s predecessor, Schurgin Development Companies (“SDC”), contracted with the City in October 1988 to purchase and develop about 80 acres of property, known as the Wapato Hills Property. A 1989 rezoning of the property would have permitted development of an apartment complex and a shopping center. The apartment plans were dropped and SDC proceeded with the planned shopping center development. Although a site plan was approved and the date for closing the land purchase contract was extended a few times, in May 1994 the City declared a default because the planned purchase price was not paid. The City then proceeded with other plans. Suit was filed by Promenade as SDC’s successor on October 20, 1999, alleging breach of contract, breach of implied covenant of good faith and fair dealing, and entitlement to specific performance.

Promenade argues that the City breached the contract when…