COWICHE CANYON CONSERVANCY v. BOSLEY

No. 56505-8.

118 Wn.2d 801 (1992)

828 P.2d 549

COWICHE CANYON CONSERVANCY, ET AL, Appellants, v. BRUCE BOSLEY, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

April 16, 1992.


Attorney(s) appearing for the Case

Raymond L. Paolella, for appellant Cowiche Canyon Conservancy, et al.

Kenneth O. Eikenberry, Attorney General, and Allen T. Miller, Jr., Assistant, for appellant State.

Meyer, Fluegge & Tenney, P.S., Walter G. Meyer, and John A. Maxwell, Jr., for respondents.

Wick Dufford on behalf of Washington Environmental Council, amicus curiae for appellants.


BRACHTENBACH, J.

This action concerns alleged violations of the Shoreline Management Act of 1971 (SMA), RCW 90.58, by the removal, at defendant's request, of three railroad trestles which crossed Cowiche Creek. The private plaintiffs had no interest in the railroad trestles.

The Department of Ecology (Department) joined the suit as a plaintiff, with no investigation of the facts; the Department acted solely on a telephone report from the private plaintiffs...

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