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RETTKOWSKI v. DEPARTMENT OF ECOLOGY

No. 13644-2-III.

76 Wn. App. 384 (1994)

885 P.2d 852

CRAIG RETTKOWSKI, ET AL, Respondents, v. THE DEPARTMENT OF ECOLOGY, Appellant.

The Court of Appeals of Washington, Division Three.

December 20, 1994.

Attorney(s) appearing for the Case

Christine O. Gregoire, Attorney General, and Deborah L. Mull, Assistant, for appellant.

John C. Riseborough and Paine, Hamblen, Coffin; Andrew C. Bohrnsen and Lukins & Annis; Philip A. Talmadge and Talmadge & Cutler; Robert D. Dellwo, for respondents.

SCHULTHEIS, J.

After quashing cease and desist orders issued by the Department of Ecology (DOE), the Lincoln County Superior Court awarded attorney fees in favor of Respondents. DOE contends: (1) there is no statutory basis for an award of fees; (2) the narrow exception to the American rule allowing fees in injunction actions is inapplicable; (3) one fee petition was filed out of time; (4) the trial court lacked authority...

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