BOTTON v. STATE

No. 37916.

69 Wn.2d 751 (1966)

420 P.2d 352

JOHN C. BOTTON et al., Respondents, v. THE STATE OF WASHINGTON, Appellant.

The Supreme Court of Washington, En Banc.

November 17, 1966.


Attorney(s) appearing for the Case

The Attorney General, Mike Johnston and Joseph L. Coniff, Assistants, for appellant.

Clinton, Moats, Andersen & Fleck, by James A. Andersen, for respondents.

Ralph W. Johnson and Russell A. Austin, Jr., amici curiae.


HILL, J.

The State of Washington, through its Department of Game, acquired by purchase a waterfront lot on Phantom Lake (nonnavigable) which it has developed to be used as a public fishing access area. Its use or abuse, for that purpose, has resulted in the present action by other owners of waterfront property on the lake, asking that the state be enjoined from maintaining its public access area.

The trial court made...

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