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DRAPER MACH. WORKS, INC. v. DNR

No. 57499-5.

117 Wn.2d 306 (1991)

815 P.2d 770

DRAPER MACHINE WORKS, INC., Respondent, v. THE DEPARTMENT OF NATURAL RESOURCES, Appellant.

The Supreme Court of Washington, En Banc.

September 5, 1991.

Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, and Christa L. Thompson, Assistant, for appellant.

Gail E. Mautner, Michael L. Cohen, Michael B. King, Paul D. Swanson, and Lane Powell Spears Lubersky, for respondent.

BRACHTENBACH, J.

The issues in this case concern the Department of Natural Resources' statutory authority to collect rent for use of state-owned waterways and Draper Machine Works' right to maintain a marina in such a waterway. The trial court concluded the Department of Natural Resources (DNR) has no authority to enter into rental agreements for use of waterways and therefore declared void a lease of waterway between Draper Machine Works (respondent) and DNR. It...

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