Cowiche Canyon Conservancy, Appellants v. Bruce Bosley, Respondents

Summary

The Washington Supreme Court affirmed a judgment for landowner Bruce Bosley in a Shoreline Management Act (SMA) action arising from his role in the removal of three railroad trestles over Cowiche Creek and his placement of gates at the ends of an abandoned railroad right of way. The court held that the private plaintiffs lacked standing under RCW 90.58.230, both on their own behalf and as representatives of others, and that as a matter of law the total removal of a structure is not an 'exterior alteration of structures,' so the trestle removal was neither a 'development' nor a 'substantial development' and the partial summary judgment for plaintiffs was erroneous. Assuming without deciding that the gates were a 'development,' the court found no material interference with normal public use and no violation of SMA policies. The court also held that RCW 90.58.230 permits attorney fees for a prevailing defendant, overruling Ritchie v. Markley on that point, awarded fees on appeal, and declined to reach the trial court's as-applied constitutional holding on RCW 90.58.140(1) and (2).