The Court of Appeals of Washington has held that liability for damages against a municipality must be predicated upon the tortious conduct of the municipality, and that the good faith enactment of an ordinance is a legislative act which cannot be characterized as tortious, no matter how mistaken or unwise the municipality's legislative action may have been.
J.S.K. Enterprises, Inc. v. City of Lacey, 6 Wash. App. 43, 492 P.2d 600 (1972).
Joseph A. Woehrel,
Municipal Corporations - Statutory Abolition of Sovereign Immunity - City Not Liable for Good Faith Enactment of Ordinance Later Held to Be Unconstitutional,
Duq. L. Rev.
Available at: https://dsc.duq.edu/dlr/vol11/iss2/9