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KITSAP COUNTY v. NATURAL RESOURCES

No. 48726-0.

99 Wn.2d 386 (1983)

662 P.2d 381

KITSAP COUNTY, Respondent, v. THE DEPARTMENT OF NATURAL RESOURCES, ET AL, Appellants, E. SHIPPEN WILLING, Respondent.

The Supreme Court of Washington, En Banc.

April 21, 1983.

Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, and Dennis D. Reynolds and Nixon Handy, Assistants, for appellant State.

Rex B. Stratton and David L. Garrison, for appellants Lyle, et al.

C. Danny Clem, Prosecuting Attorney, and Patricia K. Schafer, Deputy, for respondent Kitsap County.

Eglick & Horgan and Peter J. Eglick, for respondent Willing.

Joel M. Gordon on behalf of Washington Environmental Council, amicus curiae for respondent Willing.

DORE, J.

This appeal addresses a challenge by Kitsap County against the issuance of a substantial development permit required by Washington State's Shoreline Management Act of 1971 (SMA), RCW 90.58. The issued permit allowed harvest of subtidal clams by use of a mechanical harvester on several tracts of land located in Agate Passage, Kitsap County. The decision of the Shorelines Hearings Board (SHB) was appealed to Kitsap...

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