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BAINBRIDGE CITIZENS UNITED v. WASH. DNR

No. 35961-8-II.

198 P.3d 1033 (2008)

147 Wash.App. 365

BAINBRIDGE CITIZENS UNITED; and Gary Tripp, Director of Bainbridge Citizens United, Petitioners, v. WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES; and Doug Sutherland, Commissioner of Public Lands, Respondents.

Court of Appeals of Washington, Division 2.

November 12, 2008.

Attorney(s) appearing for the Case

Dennis Dean Reynolds, Charles Edward Maduell, Davis Wright Tremaine LLP, Seattle, WA, for Appellant(s).

Christa L. Thompson, Attorney at Law, Atty. Gen. Office Nat. Res. Div., Olympia, WA, for Respondent(s).

QUINN-BRINTNALL, J.

¶ 1 Bainbridge Citizens United informed the Department of Natural Resources that "approximately fifty vessels, seven rafts and thirty buoys" were trespassing on state-owned aquatic lands in Eagle Harbor. Clerk's Papers (CP) at 351. After the Department and the City of Bainbridge Island did not respond as United would have liked, United filed a petition for review under the Administrative Procedure Act (APA), ch. 34.05 RCW, and, in the alternative...

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