Facts: Petitioner Albert Hull filed suit in the Superior Court for King County to enjoin the construction of an apartment building by respondent A.A. Hunt that exceeded height limitations established by city zoning regulations on property adjacent to Hull’s. The trial court dismissed the case, ruling that Hull was not entitled to seek injunctive relief as the damages potentially incurred as a result of the construction of the apartment building would not be irreparable. Hull appealed this decision to the Supreme Court of Washington.

Question(s): Was Hull entitled to seek injunctive relief to prevent construction rather than monetary damages?

If so, was Hull entitled to an injunction?

Conclusion: Chief Justice Hill’s opinion for a unanimous Court ruled that Hull was not required to demonstrate that he would suffer irreparable damage if construction proceeded in order to obtain an injunction enforcing the relevant zoning ordinance as he had demonstrated that he would suffer special damages qualitatively different from those of other property owners in the area stemming from the obstruction of the view from his property. However, the Court also held that Hull was not entitled to an injunction as the zoning ordinance in question had not taken effect until after Hunt had applied for a building permit, which the Court concluded was the critical event creating a vested right.

Docket No. 34800

Petitioner: Albert Hull

Respondent: A.A. Hunt

Decided: Thursday, November 13th, 1958

Prevailing Party: A.A. Hunt (Respondent)

Vote: 9-0

Opinion: 53 Wn.2d 125 (1958)

Court: Hill2 Court (1957-1958)

Hill

Mallery

Donworth

Finley

Weaver

Rosellini

Ott

Foster

Hunter