ECOLOGY v. PACESETTER CONSTR.

No. 44226.

89 Wn.2d 203 (1977)

571 P.2d 196

THE DEPARTMENT OF ECOLOGY, ET AL, JAMES R. HUNTLEY and COLLEEN GROUNDS HUNTLEY, his wife, Respondents, v. PACESETTER CONSTRUCTION COMPANY, INC., ET AL, Appellants.

The Supreme Court of Washington, En Banc.

November 3, 1977.


Attorney(s) appearing for the Case

Derrill T. Bastian, for appellants.

Slade Gorton, Attorney General, Charles B. Roe, Jr., Senior Assistant, Robert V. Jensen, Assistant, Pease, Doces & Lewicki, P.S., Arthur G. Barnett, and Gust S. Doces, for respondents.


HOROWITZ, J.

The principal issue appellants-defendants raise is whether the Shoreline Management Act of 1971 as applied to a privately owned lakefront lot violates article 1, section 16 (amendment 9) of the state constitution which forbids the taking or damaging of private property without just compensation.

The controlling facts are these. In May 1973, Pacesetter Construction Company (Pacesetter) acting through defendant...

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