Scovell v. Goldschmidt

Respondents 1 appeal from a writ of mandamus compelling the director of the Division of State Lands (DSL) to approve petitioner’s application for a fill and removal permit. We reverse.

Petitioner owns property in the Nehalam Bay Estuary in Tillamook County, commonly known as “Botts Marsh,” on which he wants to develop a marina. He must obtain a fill and removal permit from DSL to dredge the estuary and to fill a portion of it for development. Tillamook County adopted a comprehensive plan that includes an exception allowing petitioner’s marina at Botts Marsh. The plan was acknowledged, and, on…