Kennedy v. McGuire, 38 Wash. App. 237 (1984)

Citation: Kennedy v. McGuire, 38 Wash. App. 237 (1984)
Parent Document: Kennedy v. McGuire, 38 Wash. App. 237 (1984)
Jurisdiction: Washington (state)
Effective Date: 1984-07-23
Original Source: https://www.courtlistener.com/opinion/6958580/kennedy-v-mcguire/ ↗

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Allan cites several cases which hold that private owners of submerged lands beneath navigable waters hold title subject to the public's navigation rights. See, e.g., Wilbour v. Gallagher, 77 Wn.2d 306, 315, 462 P.2d 232, 40 A.L.R.3d 760 (1969), cert. denied, 400 U.S. 878 (1970). However, public rights over private tidelands and shorelands are limited, given an express legislative policy of encouraging development on such lands. See Harris v. Hylebos Indus., Inc., 81 Wn.2d 770, 777, 505 P.2d 457 (1973); Rauscher, *240The Lake Chelan Case—Another View, 45 Wash. L. Rev. 523, 526-27 (1970). In any event, these cases are inapposite since this case involves Allan's rights as a moorage tenant, not as a member of the navigating public. Because Allan's moorage constitutes entry upon the land of the Kennedys, she may be evicted pursuant to the unlawful detainer statute. The trial court erred in ruling that the unlawful detainer statute did not apply to floating homes.

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