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STATE v. CITY OF SPOKANE VALLEY

No. 29675-0-III.

275 P.3d 367 (2012)

167 Wn. App. 952

STATE of Washington, DEPARTMENT OF ECOLOGY, Appellant, v. The CITY OF SPOKANE VALLEY and Coyote Rock, LLC, Respondents. State of Washington, Department of Ecology, Appellant, Spokane Riverkeeper, Spokane Falls Chapter of Trout Unlimited, and The Lands Council, Plaintiffs, v. City of Spokane Valley and Coyote Rock, LLC, Respondents.

Court of Appeals of Washington, Division 3.

May 3, 2012.

Attorney(s) appearing for the Case

Thomas J. Young , Laura J. Watson , Attorney General's Office, Ecology Division, Olympia, WA, for Appellant.

Michael F. Connelly , Koegen Edwards LLP, Spokane, WA, Cary P. Driskell , City Attorneys Office, Spokane Valley, WA, John Francis Magnuson , Attorney at Law, Coeur D. Alene, ID, for Respondents.

SIDDOWAY, J.

¶ 1 Since its adoption by voters 40 years ago,1 the Shoreline Management Act of 1971(SMA), chapter 90.58 RCW, has provided that no development may be undertaken on Washington shorelines unless consistent with the policy of the SMA and any local shoreline master program. RCW 90.58.140(1). The requirement is effectuated by requiring that anyone undertaking a substantial development on the shoreline first obtain a permit...

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