Feature Realty, Inc. v. City of Spokane
Opinion
Lead Opinion
Scannlain, J.
We are called upon to decide whether a settlement agreement entered into by the Spokane City Council and a property developer violated Washington’s Open Public Meetings Act.
I
In 1992, Mission Springs, Inc. and Feature Realty, Inc. (collectively “Feature Realty”) applied for and received permission from the Spokane City Council to build an apartment complex in Spokane, Washington. In 1995, Feature Realty brought suit against the city in Spokane County Superior Court, alleging the city wrongfully refused to issue a grading permit in connection with the property development. The trial court dismissed all claims on summary judgment, but the Washington Su *1085 preme Court reversed and remanded. See Mission Springs, Inc. v. City of Spokane, 134 Wash.2d 947 , 954 P.2d 250 (1998). The court held that Feature Realty had stated a cognizable cause of action for wrongful interference in its property rights, and that the members of the city council individually were not immune from liability. Id. at 972, 954 P.2d 250 . Feature Realty was awarded appellate costs and attorney fees and the case was remanded to the trial court for further proceedings.