Woods View II, LLC v. Kitsap County

MEMORANDUM

Woods View II, LLC (“Woods View”) and Darlene A. Piper appeal the district court’s grant of summary judgment in favor of Kitsap County, Washington, and three County officials (“Appellees”) on 42 U.S.C. § 1983 claims arising from the failure of a proposed real estate development. The district court found that Piper, the sole member of Woods View and guarantor of its debts, lacked standing to bring individual claims against Appellees. The court further found that Woods View’s claims were not ripe. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm, in part on alternate grounds.

Like the district court, we find that Piper’s personal financial losses are derivative of Woods View’s own losses. Piper was not injured directly and independently of the limited liability company and therefore lacks standing to pursue individual claims against Appellees. See RK Ventures, Inc. v. City of Seattle, 307 F.3d 1045, 1057 (9th Cir.2002).

As to the ripeness of Woods View’s claims, the district court concluded that Woods View could not meet its burden of proving that a final decision had been reached on its permit applications, because the applications were ultimately…