San Juan County v. Department of Natural Resources

626 P.2d 995 (1981)

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San Juan County v. Department of Natural Resources

Washington Court of Appeals
626 P.2d 995 (1981)

  • Written by Liz Nakamura, JD

Facts

The Department of Natural Resources (DNR) (defendant) submitted a coastal development permit request to San Juan County (plaintiff) to construct a boating destination campsite on Griffin Bay. Coastal permits are governed by Washington’s Shoreline Management Act (SMA). An environmental study submitted by DNR to San Juan County indicated that the proposed boating site would not have significant environmental impact. Following community opposition, San Juan County denied the permit request. DNR appealed San Juan County’s decision to the Shoreline Hearings Board (SHB), an independent state administrative review board charged with reviewing local coastal permitting decisions for SMA compliance. After a de novo review of the DNR’s permit application, SHB ordered San Juan County to issue the permit with several attendant conditions. San Juan County appealed the decision to superior court, which upheld the SHB’s order. San Juan County appealed to the Washington Court of Appeals, arguing that (1) SHB was not authorized to conduct a de novo review; (2) the correct standard of review was arbitrary and capricious; and (3) SHB, as a state review board, was not authorized to order San Juan County to issue a coastal development permit.

Rule of Law

Issue

Holding and Reasoning (Corbett, J.)

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