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TWIN BRIDGE MARINE PARK v. STATE

No. 78462-1.

175 P.3d 1050 (2008)

TWIN BRIDGE MARINE PARK, L.L.C., and Ken Youngsman (Ken Youngsman and Associates), Respondents, v. STATE of Washington, DEPARTMENT OF ECOLOGY, Petitioner.

Supreme Court of Washington, En Banc.

Decided January 24, 2008.

Attorney(s) appearing for the Case

Thomas J. Young, Attorney General's Office, Ecology Division, Jay Douglas Geck, Office of the Attorney General, Olympia, WA, for Petitioner.

Craig Douglas Magnusson, Magnusson Law Office PS, Bellevue, WA, John Todd Henry, Oles Morrison Rinker & Baker LLP, Seattle, WA, for Respondents.

Kristopher Ian Tefft, Association of Washington Business, Olympia, WA, Amicus Curiae on behalf of Association of Washington Business.

Timothy M. Harris, Andrew C. Cook, Julie M. Sund, Building Industry Association of Washington, Olympia, WA, Amicus Curiae on behalf of Building Industry Association of Washington.

J.M. JOHNSON, J.

¶ 1 While this case involves a protracted dispute between the parties, Department of Ecology and Twin Bridge Marina, the greater underlying issue is a dispute over regulatory authority between Ecology and Skagit County (County). Twin Bridge is a drystorage marina that has been properly permitted by local, state, and federal agencies after years of litigation. At argument, Ecology conceded there were no continuing environmental concerns. However...

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