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WEDEN v. SAN JUAN COUNTY

No. 64776-3.

958 P.2d 273 (1998)

135 Wash.2d 678

John WEDEN II; John Pfarr and Jamie Pfarr, d/b/a Zzoomers Scooters and Bikes, d/b/a Zzoomers II Wave Venture Tours; Skagityamkaw, Inc., a Washington corporation, d/b/a Skagit Valley Yamaha/Kawasaki; William Cameron; Timothy Fischer; Brian Marble; Ryan Harris; Leonard Moen and Lillian Sigle Moen, D.V.M.; National Marine Manufactures Association on behalf of the Personal Watercraft Industry Association; and The Port of Lopez, Respondents, v. SAN JUAN COUNTY acting through its Board Of Commissioners, its County Parks And Recreation Board, and its Superintendent Of Parks And Recreation, Appellants.

Supreme Court of Washington, En Banc.

Reconsideration Denied September 11, 1998.

Attorney(s) appearing for the Case

John Arum, Seattle, for Amicus Washington Environmental Council and Olympic Park Associates.

Rachael Paschal, Michele Osborne, Seattle, for Amicus Center for Environmental Law & Policy.

Joseph Coniff, Olympia, for Amicus Northwest Marine Trade Association.

Randall K. Gaylord, Friday Harbor, Brett & Daugert, Philip Buri, Rand Jack, Bellingham, George Van Cleve, Washington, DC, for Appellants San Juan County, et al.

Williams, Kastner & Gibbs, Jeffrey Johnson, Dennis Reynolds, Margaret Sundberg, Seattle, Christopher Hodgkin, Friday Harbor, for Respondents John Weden, et al.

JOHNSON, Justice.

In January 1996, San Juan County passed an ordinance that banned the use of motorized personal watercraft, subject to certain limited exceptions, on all marine waters and one lake in that county. We are asked to determine whether that ordinance is unconstitutional or violative of the public trust doctrine. We conclude that it is neither and, consequently, reverse the Whatcom County Superior Court's judgment...

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