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Administrative Law

Washington Law Review

1976

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Administrative Law—Freedom Of Information Act—Agency Secrecy Continues—Nlrb V. Sears, Roebuck & Co., 421 U.S. 132 (1975); Renegotiation Board V. Grunman Aircraft Engineering Corp., 421 U.S. 168 (1975), Greg Adams Nov 1976

Administrative Law—Freedom Of Information Act—Agency Secrecy Continues—Nlrb V. Sears, Roebuck & Co., 421 U.S. 132 (1975); Renegotiation Board V. Grunman Aircraft Engineering Corp., 421 U.S. 168 (1975), Greg Adams

Washington Law Review

Sears, Roebuck and Company brought an action under the Freedom of Information Act (FOIA) to compel disclosure of Advice and Appeals Memoranda issued by the General Counsel of the National Labor Relations Board. In ordering disclosure of both sets of documents, the district court held that Advice Memoranda qualified under the Act as "'instructions' [to staff] which affect a member of the public," but that Appeals Memoranda were "final opinions" which did not fall within the Act's exemption for "intra-agency memoranda." The Court of Appeals for the District of Columbia affirmed without opinion. In another case requiring interpretation of the …


Administrative Law—Shorelines Management—Judicial Review Of Shorelines Hearings Board Decisions—Department Of Ecology V. Ballard Elks Lodge No. 827, 84 Wn. 2d 551, 527 P.2d 1121 (1974), Glenna Spitzer Hall Mar 1976

Administrative Law—Shorelines Management—Judicial Review Of Shorelines Hearings Board Decisions—Department Of Ecology V. Ballard Elks Lodge No. 827, 84 Wn. 2d 551, 527 P.2d 1121 (1974), Glenna Spitzer Hall

Washington Law Review

Appellant, a fraternal lodge owning a parcel of real estate including tidelands on Shilshole Bay in Seattle, Washington, applied to the City for a substantial development permit pursuant to requirements of the Washington Shoreline Management Act (SMA). The initial application proposed an over-the-water lodge building, constructed entirely on filled tideland, exceeding the SMA's 35-foot height restriction. A second, modified application reduced the building's height, provided an easement for public access to the water's edge, and proposed construction of the lodge building over the water on pilings rather than on filled tidelands. The area selected for construction was one of relatively …