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STEWART v. STATE, DEPT. OF TRANSP.

No. S-104.

693 P.2d 827 (1984)

George L. STEWART and Anita R. Stewart, Appellants, v. STATE of Alaska, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES, Appellee.

Supreme Court of Alaska.

December 28, 1984.

Attorney(s) appearing for the Case

Charlene Lichtmann, Kay, Christie, Saville & Coffey, Anchorage, for appellants.

Susan Urig, Asst. Atty. Gen., Anchorage, Norman C. Gorsuch, Atty. Gen., Juneau, for appellee.

Before BURKE, C.J., and RABINOWITZ, MATTHEWS, COMPTON and MOORE, JJ.

MOORE, Justice.

The Stewarts appeal the trial court's decision to deny them attorney's fees and to award the State attorney's fees in an eminent domain action. We affirm the trial court because part of the Stewarts' attorney's fees was not necessarily incurred in seeking a dismissal of the eminent domain action. Furthermore, the State is entitled to attorney's fees as the prevailing party on subsequent issues unrelated to its eminent domain action.

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