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ORION CORPORATION v. STATE

Nos. 52165-4, 52529-3.

109 Wn.2d 621 (1987)

747 P.2d 1062

THE ORION CORPORATION, Respondent, v. THE STATE OF WASHINGTON, ET AL, Appellants, PADILLA BAY ASSOCIATES, Respondent.

The Supreme Court of Washington, En Banc.

December 17, 1987.

Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, and Charles W. Lean, Assistant, for appellant State.

C. Thomas Moser, Prosecuting Attorney, and John R. Moffat, Chief Civil Deputy; Irene M. Hecht and William C. Smart (of Keller Rohrback), for appellant Skagit County.

Hillis, Clark, Martin & Peterson, P.S., by Mark S. Clark, James J. Ragen, Joseph B. Genster, and Richard R. Wilson, for respondents.

Norm Maleng, Prosecuting Attorney for King County, and Phyllis K. MacLeod, Deputy; Patrick D. Sutherland, Prosecuting Attorney for Thurston County, and Thomas R. Bjorgen, Deputy; Douglas N. Jewett, City Attorney for the City of Seattle, and Dennis J. McLerran, Assistant; J. Richard Aramburu on behalf of the Washington Environmental Council, amici curiae for appellants.

UTTER, J.

Orion Corporation filed this action in 1982, in part alleging an inverse condemnation by excessive regulation (regulatory taking). According to Orion, the Shoreline Management Act (SMA) and the Skagit County Shoreline Management Master Program (SCSMMP) had taken its Padilla Bay tideland property without just compensation. In a previous appeal, we held that Orion need not exhaust its administrative remedies because...

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