Department of Fisheries v. Gillette

Defendants Cyril and Sharon Gillette appeal a verdict and judgment awarding damages to the Washington State Department of Fisheries for loss of salmon caused when the Gillettes reconstructed the bank of a stream bordering their property. Defendants challenge the Department of Fisheries' capacity and standing to bring this action, the sufficiency of the evidence of damages, and the court's instructions on the measure of damages. They also raise several evidentiary questions. We hold the Department has both the capacity and standing to bring the action and has shown itself entitled to recover.…