Hayes V. Yount - Supreme Court of Washington

Hayes V. Yount

By Supreme Court of Washington

  • Release Date - Published: 1976-07-15
  • Book Genre: Law
  • Author: Supreme Court of Washington
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Hayes V. Yount Supreme Court of Washington read online review & book description:

The Department of Ecology, the Attorney General, and a private citizen appeal from an order of the Superior Court granting respondent's motion for summary judgment and reinstating a substantial development permit issued by Snohomish County to fill 93 acres of wetlands in the Snohomish River estuary. That permit, required by the Shoreline Management Act of 1971, RCW 90.58, authorized "operation of a solid waste landfill and marine industrial area" on respondent's property. A review of the county decision was made by the Shorelines Hearings Board which vacated the permit and remanded the matter for further consideration by the county. Respondent petitioned for review of the board's final order in Superior Court. The court held certain findings and the order of the board to be arbitrary and capricious and further held the board's action in the particular circumstances to be an unconstitutional taking of private property. We conclude, however, that the findings, conclusions, and order of the Shorelines Hearings Board are neither arbitrary and capricious nor clearly erroneous and that the board's order imposes no present permanent restriction on the use of respondent's property. The judgment of the trial court is therefore reversed and we remand the matter for further proceedings consistent with this opinion.

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