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STATE v. COSTICH

No. 74464-5.

98 P.3d 795 (2004)

STATE of Washington, Petitioner, v. Elroy COSTICH; Elroy Costich as trustee under the Costich Living Trust, Respondents, Spokane County, Defendant.

Supreme Court of Washington, En Banc.

Decided October 7, 2004.

Attorney(s) appearing for the Case

James P. Emacio, County Pros Office Civil Div, Spokane, John F. Salmon, Steve Edwin Dietrich, Olympia, for Petitioner.

Robert Allan Dunn, Kevin W. Roberts, Dunn & Black PS, Spokane, for Respondents.

Susan Paula Jensen, Mark Von Wahlde, Pierce Co Pros Office Civil Div, Tacoma, for Amicus Curiae (Washington Association of Prosecuting Attorneys).

Milton G. Rowland, Spokane, Daniel Brian Heid, Auburn, for Amicus Curiae (Washington State Association of Municipal Attorneys).

SANDERS, J.

This is a condemnation action brought by the State to acquire Mr. Phillip Costich's property in north Spokane County. The Court of Appeals affirmed a trial court's award of reasonable attorney and expert witness fees to Mr. Costich based on the trial court's invalidation of the State's settlement offer because the State did not (1) itemize in the settlement offer the State's estimation of the property's fair market value and (2) leave the offer open for...

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