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TWIN BRIDGE MARINE PARK v. DEPT. OF ECOLOGY

No. 54277-0-I.

125 P.3d 155 (2005)

130 Wash.App. 730

TWIN BRIDGE MARINE PARK, L.L.C., and Ken Youngsman (Ken Youngsman And Associates), Respondent, v. WASHINGTON STATE, DEPARTMENT OF ECOLOGY, Appellant.

Court of Appeals of Washington, Division One.

December 12, 2005.

Attorney(s) appearing for the Case

Craig D. Magnusson, J. Todd Henry, Oles Morrison Rinker & Baker LLP, Seattle, for Respondent.

Thomas J. Young, Asst. Atty General, Olympia, for Appellant.

COLEMAN, J.

¶ 1 The Department of Ecology appeals a Superior Court order dismissing penalties imposed by Ecology on Twin Bridge Marine Park. Ecology argues on appeal that the Shoreline Management Act (SMA) grants Ecology broad authority to enforce the SMA, including the authority to impose penalties for shoreline development that violates the SMA. Ecology further argues that Twin Bridge constructed a marina without a necessary shoreline permit, that existing...

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