Weden v. San Juan County

958 P.2d 273 (1998)

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Weden v. San Juan County

Washington Supreme Court
958 P.2d 273 (1998)

  • Written by Liz Nakamura, JD

Facts

There was public outcry after jet-skis started regularly operating around the islands of San Juan County, Washington (defendant). The San Juan County tidelands were home to several species of endangered marine mammals and birds. Because jet-skis were loud, operated at high speeds close to shore, and had erratic movement patterns, jet-ski operations imperiled the resident wildlife and threatened critical habitats. San Juan County was also a popular tourist area, known for its tranquil beaches and peaceful wildlife-viewing opportunities. The noise and disturbances caused by jet-skis threatened the tourism industry, which was essential to support the local economy. Following public meetings, San Juan County passed an ordinance barring the use of jet-skis in the county with extremely limited exceptions, such as for emergency use. John Weden (plaintiff), along with other jet-ski users, rental companies, and sales outfits, challenged the county ordinance, arguing that it (1) exceeded San Juan County’s police power; and (2) violated the public-trust doctrine. The trial court agreed and held that the ordinance was void. San Juan County appealed.

Rule of Law

Issue

Holding and Reasoning (Johnson, J.)

Dissent (Sanders, J.)

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