Clam Shacks of America, Inc. v. Skagit County

—The appellant, Clam Shacks of America, Inc., brought a declaratory action in Skagit County Superior Court seeking a determination of whether or not its clam harvesting activity is subject to the provisions of the Shoreline Management Act of 1971 (SMA), RCW 90.58, and the Skagit County Shoreline Master Program (SCSMP) enacted thereunder. Appellant contended that the harvesting activity was not a "development" under the SMA, and was therefore not subject to the act's conditional use permit requirements. The trial court granted respondent Skagit County's motion for summary judgment, holding…