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ORION CORPORATION v. STATE

No. 49941-1.

103 Wn.2d 441 (1985)

693 P.2d 1369

THE ORION CORPORATION, Respondent, v. THE STATE OF WASHINGTON, ET AL, Petitioners.

The Supreme Court of Washington, En Banc.

January 11, 1985.

Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, Charles B. Roe, Jr., Senior Assistant, and Wick Dufford, Assistant, for petitioner State.

William C. Smart, Henry Elsen, Keller, Rohrback, Waldo, Hiscock, Butterworth & Fardal, C. Thomas Moser, Prosecuting Attorney, and John Moffat, Chief Civil Deputy, for petitioner Skagit County.

Hillis, Phillips, Cairncross, Clark & Martin, P.S., by Mark S. Clark and James J. Ragen, for respondent.

BRACHTENBACH, J.

Padilla Bay lies east of Anacortes, Washington. It is an area of approximately 11,000 acres.

The uncontroverted record discloses fascinating details about this tidal land. The bay contains probably the largest and least disturbed stand of eelgrass on the West Coast of the United States with 73 percent of the bay covered by eelgrass beds. It supports the largest known wintering population of peregrine falcons in North America. Bald eagles winter...

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