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NOEL v. COLE

No. 48039-7.

98 Wn.2d 375 (1982)

655 P.2d 245

JACK NOEL, Plaintiff, v. BERT L. COLE, as Commissioner, ET AL, Appellants, ALPINE EXCAVATING, INC., Respondent.

The Supreme Court of Washington, En Banc.

December 16, 1982.

Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, and James R. Johnston, Assistant, for appellants.

Sam Peach, Ted D. Zylstra, and Zylstra, Beeksma & Waller, for respondent.

UTTER, J.

The Commissioner of Public Lands and the Department of Natural Resources (DNR) entered into a contract with Alpine Excavating, Inc. (Alpine) by which DNR granted Alpine the right to cut timber from a tract of land on Whidbey Island. Local citizens brought an action seeking to enjoin the sale (Noel action) and Alpine thereupon filed a cross claim against DNR for breach of contract. The trial court held for the plaintiffs in the Noel action, enjoined all logging...

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