EVERETT v. WEBORG

No. 11848-0-I.

39 Wn. App. 10 (1984)

691 P.2d 242

THE CITY OF EVERETT, Appellant, v. HARRIET WINDE WEBORG, ET AL, Respondents.

The Court of Appeals of Washington, Division One.

November 26, 1984.


Attorney(s) appearing for the Case

Perkins, Coie, Stone, Olsen & Williams and Charles C. Gordon, for appellant.

Thom, Navoni, Pierson, Ryder & Major, Inc., P.S., and Richard W. Pierson, for respondents.


RINGOLD, J.

The City of Everett appeals from an award to Harriet Weborg of attorney and expert witness fees she incurred while litigating the amount offered for her property in a condemnation proceeding. Weborg cross-appeals the trial court's denial of fees attributable to a public use and necessity hearing. We conclude that the award of attorney fees and costs was contrary to RCW 8.25.070 and reverse.

The City, after extended negotiations, instituted eminent...

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