McNaught-Collins Improvement Co. v. Atlantic & Pacific Pile & Timber Preserving Co.

Citations

• 36 Wash. 669
• 79 P. 484
• 1905 Wash. LEXIS 648

Syllabus

<p>Tide Lands — Preference Right to Lease — State Land Commissioners — Order of Sale — Appeal—Time for and By Whom Taken. Where the owner of tide lands loses his preference right to lease abutting harbor area by failing to apply in time, he can not appeal from the state land commissioners’ order of sale of such right to a third party, when he was a stranger to the proceedings; and such an appeal could not be taken more than thirty days after the order of sale.</p> <p>Same — Order Confirming' Sale — Re-Sale—Grounds for — Discretion of Board. The board of state land commissioners acts in an executive and discretionary manner in confirming a sale of the right to lease harbor area, and the denial of a re-sale is not appealable where the affidavit therefor does not charge that the interests of the state are injuriously affected by fraud or collusion.</p>