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SCHREINER FARMS, INC. v. SMITCH

No. 14517-4-III.

940 P.2d 274 (1997)

87 Wash.App. 27

SCHREINER FARMS, INC., a Washington corporation, Appellant, v. Curt SMITCH, Director of Washington Department of Wildlife; Dean A. Lydig, James M. Walton, Mitch Johnson, Terry Karro, John McGlenn, Norman F. Richardson, Commissioners of the Washington State Wildlife Commission; and the Washington State Department of Wildlife, Respondents.

Court of Appeals of Washington, Division 3, Panel Eight.

July 17, 1997.

Attorney(s) appearing for the Case

Peter B. Camp, Dean G. Von Kallenbach, Camp, Von Kallenbach, P.S., Seattle, for Appellant.

Colleen G. Warren, Jay D. Geck, Assistant Attorneys General, Olympia, for Respondents.

BROWN, Judge.

Schreiner Farms, Inc., appeals the Klickitat Superior Court's order granting the Department of Wildlife's motion for summary judgment. Schreiner Farms contends the trial court erred by failing to find that WAC 232-12-064 effects a taking under both the Fifth Amendment to the federal constitution and article I, section 16 of the Washington Constitution. We affirm.

Facts

Schreiner Farms is an 800 acre game ranch located in Dallesport...

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