The opinion
Hill, C. J.
(concurring in the result) — I concur in the result of the majority opinion.
*577 The question which has bothered me in this case is whether William T. Waggoner intended the structure with which we are here concerned to be “used only for shelter or storage of . . . boats,” which is specifically permitted by § 2.08 of the King county zoning code, or whether it was designed and intended as a base for the maintenance and repair of his unlimited hydroplanes, which use would be a violation of the zoning code.
The dissent argues persuasively that it is
“. . . fairly obvious that the structure contemplated by Mr. Waggoner will be used for not only the shelter and storage, but for maintenance work of perhaps varying degree as to one or two large, unlimited type, hydroplane racing boats.”
If it is so used, the remedy is obvious; and, until it is so used, it seems to me that Mr. Waggoner is entitled to the benefit of a presumption that he will properly and lawfully use the premises he is constructing.
The plaintiff having proved neither that the plans for the proposed building or its intended use violate the King county zoning code, I agree with the majority that the plaintiff’s cause of action should be dismissed.