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IN RE CITY OF KENT

No. 40751.

77 Wn.2d 499 (1969)

463 P.2d 132

In the Matter of the Petition of the CITY OF KENT. THE CITY OF KENT, Respondent, v. MILDRED IRENE PADUA et al., Appellants.

The Supreme Court of Washington, En Banc.

December 31, 1969.

Attorney(s) appearing for the Case

Franklin & Watkins, H. Joel Watkins, and Thomas A. Clark, for appellants.

Shellan, Pain, Stone & Swanson, John K. Pain, Jr., and Stanley E. Stone, for respondent.

HALE, J.

In 1967, the legislature provided for the limited payment of attorney's fees and costs in eminent domain proceedings if the condemnee agreed to give immediate possession. Laws of 1967, Ex. Ses., ch. 137, § 3, p. 2208; RCW 8.25.070. The Paduas, owners of property under condemnation by the City of Kent did not tender possession, but nevertheless seek their attorney's fees as a matter of fair and equal protection of the laws.

The City of Kent brought...

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