August 2018 Bar Bulletin
By Dean Williams
The public trust doctrine is alive and well, the savings clause of the Shoreline Management Act is valid, and the Caminiti test remains unchanged. If you live or work near the water, like many Washington residents, you’ll be happy to know that the constitutional status of the ground on which you stand is safe … again. In case you are wondering, this article is about the public trust doctrine, Wilbour v. Gallagher, and the Shoreline Management Act.
In this case, Chelan Basin Conservancy (CBC) sought removal of six acres of fill material that GBI Holding Company added to its property...