Cowiche Canyon Conservancy v. Bosley

This action concerns alleged violations of the Shoreline Management Act of 1971 (SMA), RCW 90.58, by the removal, at defendant's request, of three railroad trestles which crossed Cowiche Creek. The private plaintiffs had no interest in the railroad trestles.

The Department of Ecology (Department) joined the suit as a plaintiff, with no investigation of the facts; the Department acted solely on a telephone report from the private plaintiffs' attorney and a telephone call to Yakima County.

Summary judgment in favor of plaintiffs was granted on the issue whether removal of the trestles was a…