Department of Natural Resources v. Marr
Washington Court of Appeals
774 P.2d 1260 (1989)
- Written by Colette Routel, JD
Facts
In compliance with the Washington Forest Practices Act (FPA), Bob Marr (defendant) obtained permits from the Washington Department of Natural Resources (DNR) (plaintiff) to log two parcels of land. Marr also obtained permission from nearby landowners to log nine residential lots, and he did not obtain DNR permits for these properties. When the DNR discovered Marr logging these residential lots without a permit, it served him with a stop-work order. Marr continued logging on these properties and was able to realize a profit in doing so. The DNR eventually filed suit to enforce its stop-work order. In his defense, Marr argued that the FPA applied only to forest land, which he claimed did not include the residential lots he was logging. The district court rejected Marr’s interpretation of the statute and granted the DNR’s request for a preliminary injunction. Marr appealed.
Rule of Law
Issue
Holding and Reasoning (Pekelis, J.)
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