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STATE GEODUCK HARVEST ASS'N v. STATE DNR

No. 31004-0-II.

101 P.3d 891 (2004)

124 Wash.App. 441

WASHINGTON STATE GEODUCK HARVEST ASSOCIATION, Appellant, v. WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES; Douglass Sutherland — Commissioner of Public Lands, Respondent.

Court of Appeals of Washington, Division 2.

November 30, 2004.

Attorney(s) appearing for the Case

Aaron Kazuo Owada, Northcraft Bigby & Owada, PC, Seattle, WA, for Appellant.

Michael S. Grossmann, Atty. Gen. Office Nat. Res. Div., Olympia, WA, for Respondent.

VAN DEREN, J.

Washington State Geoduck Harvest Association (Association) appeals the trial court's grant of summary judgment in favor of the Department of Natural Resources (DNR) and Douglass Sutherland, Commissioner of Public Lands. The Association argues that DNR has no authority to regulate geoduck harvesting and that DNR regulations for auctioning geoduck harvesting rights (1) violate the public trust doctrine; (2) violate equal protection safeguards; and (3)...

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