THOMPSON v. STATE DEPT. OF ECOLOGY

No. 34036-4-II.

147 P.3d 1001 (2006)

Jack THOMPSON, Jr. and Grays Harbor County, Appellants, v. STATE DEPARTMENT OF ECOLOGY, Respondent.

Court of Appeals of Washington, Division 2.

December 5, 2006.


Attorney(s) appearing for the Case

Wayne Delos Hagen Jr., Attorney at Law, Aberdeen, WA, for Appellants.

Colleen G. Warren, Laura J Watson, Attorney General's Office, Olympia, WA, for Respondent.


VAN DEREN, J.

¶ 1 Jack Thompson, Jr., appeals the Department of Ecology's determination of the ordinary high water mark (OHWM) on his riverfront property. The Department identified the OHWM based on the point where the riverbank vegetation transitions from aquatic to terrestrial. Thompson argues that the OHWM should be marked at the beginning of all vegetation, aquatic or otherwise. Because the Department's demarcation is consistent with the plain language of...

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