Washington Townhomes, LLC v Washington County Water Conservancy District

Townhomes appealed, pursuant to a Rule of Civil Procedure 54(b) certification, partial summary judgment on the issue of whether certain level of service standards were required and reasonable. The Court dismissed for lack of jurisdiction. It held that review is available under Rule 54(b) only when the challenged “judgment” actually disposes of one or more claims and here the district court order only answered an issue of law but did not grant or deny declaratory or monetary relief. It treated the briefs as a motion for discretionary review and declined review as the briefs did not sufficiently present issues for resolution as the parties dispute whether the standards re legislative or not and whether the constitutional rule on adjudicatory tailings would apply even if they are legislative and resolution of these issues may require additional fact finding which is the province of the district court.