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BROWN v. CITY OF SEATTLE

No. 49719-7-I.

72 P.3d 764 (2003)

Frederick J. BROWN, Respondent/Cross Appellant, v. CITY OF SEATTLE, Appellant/Cross Respondent.

Court of Appeals of Washington, Division 1.

Publication Ordered July 8, 2003.

As Corrected August 14, 2003.

Attorney(s) appearing for the Case

Eleanore S. Baxendale, Assistant City Attorney, Seattle, WA, for Appellant.

Michael S. Grossman, Atty. Gen. Ofc. Nat. Res. Div., Olympia, WA, for WA State Dept. of Natural Resources.

David P. Mickelson, Mickelson Law Office, Bellevue, WA, for Yale Street Marina, Inc.

Jeffrey M. Eustis, Attorney at Law, Seattle, WA, for Respondent.

SCHINDLER, J.

This appeal concerns the City of Seattle's (the City's) authority to regulate vessels under the land use code in effect when it issued a Notice of Violation (NOV) in this case. Brown, the respondent, owns and operates a tugboat called the M/V Challenger. Aboard the boat, Brown runs a bed and breakfast. The City issued an NOV to Brown on the grounds that his use of the vessel as lodging violated the shoreline regulations of the City's land use code. Brown...

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