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NOBLE v. SAFE HARBOR PRESERVATION TRUST

No. 80873-2.

216 P.3d 1007 (2009)

Fred NOBLE and Faith Noble, husband and wife, Respondents, v. SAFE HARBOR FAMILY PRESERVATION TRUST, a Washington Trust, Petitioner, and Tillicum Beach, Inc., et al., Additional Respondents.

Supreme Court of Washington, En Banc.

Decided September 24, 2009.

Attorney(s) appearing for the Case

Michael Wayne Johns, Davis Roberts & Johns PLLC, Gig Harbor, WA, for Petitioner.

Robert Lyndon Beale, McGavick Graves PS, Tacoma, WA, Robert Dryden Wilson-Hoss, Attorney at Law, Shelton, WA, for Respondents.

C. JOHNSON, J.

¶ 1 This case arises out of a condemnation action for a way of private necessity. It asks us to determine whether, under RCW 8.24.030, the trial court had the discretion to require the original condemnee to pay an alternative condemnee's attorney fees and to reduce the original condemnee's award of attorney fees due to the alternative condemnee's involvement in the action. Fred and Faith Noble (Nobles) filed a petition to condemn a way of private...

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