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RETTKOWSKI v. DEPT. OF ECOLOGY

No. 62718-5.

910 P.2d 462 (1996)

128 Wash.2d 508

Craig RETTKOWSKI and Gale Rettkowski; Patrick Quirk; Richard Quirk; Richard Dreger, Dale Dreger and Dean Dreger; Merwin and Elaine Houger; Everett Cole; Herman F. Rux, Jr.; Rux Farms; and Wilbur Security, Inc., Petitioners, August and Randy Dreger; William Dreger; and John C. Watson, Defendants, v. The DEPARTMENT OF ECOLOGY, Respondent, William F. Rosman; John Rosman; Clarence Wagner; Keith Nelson; Robert J. Bauer; Robert Rosman; James F. Rosman; Pollution Control Hearings Board; and Sinking Creek Surface Water Project, Defendants.

Supreme Court of Washington, En Banc.

February 1, 1996.

Attorney(s) appearing for the Case

Stephen Eugster, Spokane, Grant D. Parker, Missoula, MT, Christine Gregoire, Attorney General, Richard Heath, Asst. Atty. Gen., Olympia, Huppin, Ewing, Anderson & Paul, Joseph Nappi, Jr., Spokane, for Defendants.

Cutler & Nylander, Robert Nylander, Jr., Seattle, Paine, Hamblen, Coffin & Brooke, John Riseborough, Simon Collins, Spokane, Robert Dellwo, Spokane, Kraft, Kimbrough & Ganz, Charles Kimbrough, Bellevue, Bohrnsen & Owen, Andrew Bohrnsen, Spokane, for Petitioners.

Christine Gregoire, Attorney General, Deborah Mull and Philip McDonald, Asst. Attys. Gen., Olympia, for Respondent.

JOHNSON, Justice.

The Department of Ecology (Department) petitioned for review of a Court of Appeals decision allowing for an award of attorneys' fees to several aggrieved eastern Washington irrigation farmers (Irrigators). The Irrigators cross-petitioned for review of the part of the decision remanding the case to determine whether the Irrigators had demonstrated an injury distinct from incurring attorneys' fees. We accepted...

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