This section contains the nature of the case and procedural background.

P owned their Ocean Shores vacation home since 1971. D owned the second lot to the south, separated by a 60-foot-wide vacant lot. The City's zoning code specifies that structures on such lots be no nearer than 50 feet to the property line that parallels and is closest to the waterfront. The City building inspector is required to enforce the setback provisions. In 1977, D hired Bickmore to build their house and obtain all necessary permits. Bickmore thought the setback was 40 feet and submitted a plot plan showing the proposed house 40 feet from the ocean-front property line. A secretary for the D1 Building Department issued the permit without noticing that it violated the zoning code. The building inspector for D1 checked the foundation forms on the ground and approved them because they were set as shown on the plot plan also failing to notice the violation. P complained to D1 immediately from the beginning of the construction, but D1 did nothing, and the house was completed. D1 was negligent in its enforcement of the code and in informing D of the violation from the very outset. D1 merely failed totally in its duty to enforce the zoning codes at a time when damages to D would have been minimal. P sued D and D1 for injunctive relief. D cross-claimed for indemnity against D1 and Bickmore. The court found a code violation, and that D was 'completely innocent.' The court also determined that P suffered no substantial injury. The court found the City negligent but concluded that it had no duty to the P. The court balanced the equities between the parties and concluded that no injunction or other relief was warranted. P appealed.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.