BAINBRIDGE CITIZENS v. DNR, 35961-8-II (Wash.App. 7-1-2008)

BAINBRIDGE CITIZENS UNITED; and GARY TRIPP, Director of Bainbridge Citizens United, Petitioners, v. WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES; and DOUG SUTHERLAND, Commissioner of Public Lands, Respondents.

No. 35961-8-IIThe Court of Appeals of Washington, Division Two.
Filed: July 1, 2008

QUINN-BRINTNALL, J.

ORDER ON MOTION TO RECONSIDER OR WITHDRAW OPINION

Page 2

The opinion in this case was filed on May 13, 2008. The respondent Department of Natural Resources filed a motion for reconsideration or, in the alternative, to withdraw the opinion from publication.

Upon reconsideration, the court has decided to withdraw the opinion filed on May 13, 2008. It is, therefore,

ORDERED:

1. The opinion filed in this case on May 13, 2008, is hereby withdrawn. The court will issue a new opinion in due course.

2. The parties are to provide additional briefing regarding whether the trial court

Page 3

erred when it dismissed Bainbridge Citizens United’s claim under the Uniform Declaratory Judgment Act. Both parties’ briefs are due by close of business 15 days from the date of this order. The court does not order additional oral argument at this time.

DATED this ____ day of __________, 2008.

We concur:

ARMSTRONG, J.

VAN DEREN, C.J.

Page 1