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MIOTKE v. SPOKANE

No. 49448-7.

101 Wn.2d 307 (1984)

678 P.2d 803

LEONARD J. MIOTKE, ET AL, Respondents, v. THE CITY OF SPOKANE, ET AL, Appellants.

The Supreme Court of Washington, En Banc.

March 15, 1984.

Attorney(s) appearing for the Case

James C. Sloane, Corporation Counsel, Robert G. Beaumier, Jr., and Pat J. Dalton, Assistants, for appellant City of Spokane.

Kenneth O. Eikenberry, Attorney General, Charles B. Roe, Jr., Senior Assistant, and Charles W. Lean and Robert V. Jensen, Assistants, for appellant State.

Carl Maxey and Mark Bennett (Michael C. McClintock, of counsel), for respondents.

PEARSON, J.

This appeal arises from litigation which followed the discharge of raw sewage into the Spokane River. The trial court awarded plaintiffs, the owners of waterfront property, a total of $245,000 in damages and $88,500 in attorney fees. Defendants, City of Spokane and the Department of Ecology, appealed the awards of both damages and attorney fees, and plaintiffs cross-appealed, seeking increased damages and attorney fees.

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