(CN) – The Washington Court of Appeals refused to revive a citizen group’s claim that the state Department of Resources allowed “approximately 50 vessels, seven rafts and 30 buoys” to trespass on state-owned aquatic lands in Eagle Harbor.
Bainbridge Citizens United and director Gary Tripp said the department failed to enforce its own regulations against trespassers. When the agency moved for summary judgment, Bainbridge Citizens United did the same. The trial court found for the department, and the appeals court affirmed.
“We hold that a declaratory judgment was not available because United failed to (1) join necessary parties, the vessel owners, or (2) challenge the construction or validity of a law or otherwise seek relief that is the proper subject for a declaratory judgment,” Judge Quinn-Brintnall ruled.