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SAMUEL'S FURNITURE v. DEPARTMENT OF ECOLOGY

No. 46666-6-I.

19 P.3d 474 (2001)

SAMUEL'S FURNITURE, INC., Jaffa Holdings, Inc., and City of Ferndale, Respondents, v. WASHINGTON STATE DEPARTMENT OF ECOLOGY, Appellant.

Court of Appeals of Washington, Division 1.

As Amended on Denial of Reconsideration April 17, 2001.

Attorney(s) appearing for the Case

Thomas Young, Assistant Attorney General, Olympia, for Appellant.

Kurt Denke, Seattle, Heather Wolfe, Langabeer, Tull & Lee, P.S., for Respondents.

Greg Overstreet, Timothy D. Ford, Counsel for Amicus Curiae Building Industry Association of Washington.

COLEMAN, J.

The Department of Ecology appeals from summary judgment in a declaratory judgment action initiated by Samuel's Furniture, Inc. Samuel's applied to the City of Ferndale for a grade and fill permit and a building permit in order to begin construction to expand its store. The City issued the permits after it reviewed its jurisdictional maps and determined that the site was outside shoreline jurisdiction. The Department insisted that the City's jurisdictional...

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