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CLAM SHACKS OF AMERICA, INC. v. SKAGIT COUNTY

No. 53228-1.

109 Wn.2d 91 (1987)

743 P.2d 265

CLAM SHACKS OF AMERICA, INC., Petitioner, v. SKAGIT COUNTY, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

As amended by order October 26, 1987

Attorney(s) appearing for the Case

Dennis D. Reynolds and Pressentin & Reynolds, for petitioner.

Michael E. Rickert, Prosecuting Attorney, and John R. Moffat, Chief Civil Deputy, for respondent Skagit County.

Kenneth O. Eikenberry, Attorney General, and Jay J. Manning, Assistant, for respondent State.

Richard U. Chapin on behalf of ARCO Marine, Inc., and Northwest Tow Boat Association, amicus curiae for petitioner.

Patrick D. Sutherland, Prosecuting Attorney for Thurston County, and Robert D. Tobin, Deputy, on behalf of Washington Association of Counties; Roger Kluck and Peter T. Jenkins on behalf of Washington Environmental Council, amici curiae for respondents.

[As amended by order of the Supreme Court October 26, 1987.]

BRACHTENBACH, J.

Does the Shoreline Management Act of 1971 (SMA), RCW 90.58, authorize local governments to require conditional use permits for shoreline activities which are not "developments" as defined by the SMA? The trial court and the Court of Appeals held there was such authority. We affirm.

This dispute arises from Clam Shacks' efforts to harvest clams commercially from leased, privately...

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