Campbell v. King County

This action was commenced more than 3 but less than 6 years after each of the plaintiffs was forced to retire. From April 24, 1970 until August 16, 1977, defendant King County had in effect an ordinance which lowered from 70 to 65 the mandatory age of retirement for its employees. Each of the plaintiffs had been employed by King County prior to 1970, and was a participating member of the Washington State Public Employees Retirement System. RCW 41.40. The questions of liability and damages were bifurcated and the case tried to the court on the primary issue of whether the action was time-barred. Plaintiffs contend that the applicable statute of limitations is 6 years because it is an "action upon a contract in writing, or liability express or implied arising out of a written agreement." RCW 4.16.040(1). Defendants contend the limitation is 3 years because it is an "action upon a contract or liability, express or implied, which is not in writing, and does not arise out of any written instrument". RCW 4.16.080(3). Plaintiffs assign error to the trial courts selection of the latter as the applicable statute.