RETTKOWSKI v. DEP'T OF ECOLOGY

No. 62718-5.

128 Wn.2d 508 (1996)

910 P.2d 462

CRAIG RETTKOWSKI, ET AL., Petitioners, v. THE DEPARTMENT OF ECOLOGY, Respondent.

The Supreme Court of Washington, En Banc.

February 1, 1996.


Attorney(s) appearing for the Case

Cutler & Nylander, by Robert G. Nylander, Jr.; Paine, Hamblen, Coffin, Brooke & Miller, by John C. Riseborough and Simon R. Collins; Robert D. Dellwo and Dellwo, Roberts, Scanlon & Seines, P.S.; Kraft, Kimbrough & Ganz, by Charles A. Kimbrough; and Bohrnsen & Owen, by Andrew C. Bohrnsen, for petitioners.

Stephen K. Eugster and Haskell Eugster Law Office; Grant D. Parker; Christine O. Gregoire, Attorney General, and Richard A. Heath, Assistant; and Huppin, Ewing, Anderson & Paul, P.S., by Joseph Nappi, Jr., for defendants.

Christine O. Gregoire, Attorney General, and Deborah Mull and Philip T. McDonald, Assistants, for respondent.


JOHNSON, J.

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 the part of the decision remanding the case to determine whether the Irrigators had demonstrated an injury distinct from incurring attorneys' fees. We accepted both...

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