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OLYMPIC PENINSULA v. REAL PROPERTY

No. 95013-0.

424 P.3d 1226 (2018)

The OLYMPIC PENINSULA NARCOTICS ENFORCEMENT TEAM; Bill Benedict, Clallam County Sheriff; Clallam County Sheriff's Office; and Clallam County, Respondents, v. REAL PROPERTY KNOWN AS (1) JUNCTION CITY LOTS 1 THROUGH 12 INCLUSIVE, BLOCK 35, (2) LOT 2 OF THE NELSON SHORT PLAT LOCATED IN JEFFERSON COUNTY, and All Appurtenances and Improvements Thereon, or Proceeds Therefrom, Defendant, Steven L. Fager; DBVWC, INC., a Washington corporation; and the Lucille M. Brown Living Trust, Petitioners.

Supreme Court of Washington.

Filed: September 6, 2018.

Attorney(s) appearing for the Case

James Robert Dixon , Dixon & Cannon, Ltd., 601 Union Street, Suite 3230, Seattle, WA 98101-3949, for Petitioners.

Brian Patrick Wendt , Clallam County Prosecuting, Attorney's Office, 223 E. 4th Street, Suite 11, Port Angeles, WA 98362-3000, Michael Alexander Patterson , Timothy Hall Campbell , Patterson Buchanan Fobes Leiteh PS, 2112 3rd Avenue, Suite 500, Seattle, WA 98121-2391, for Respondents.

Mark Muzzey Cooke , Nancy Lynn Talner , Attorney at Law, 901 5th Avenue, Suite 630, Seattle, WA 98164-2008, for Amicus Curiae American Civil Liberties Union of Washington.

Richard Jonathan Troberman , Attorney at Law, 520 Pike Street, Suite 2500, Seattle, WA 98101-1385, for Amicus Curiae Washington Association of Criminal Defense Lawyers.

¶ 1 This case involves Washington's civil forfeiture statute and the scope of the attorney fees provision where the claimant is the substantially prevailing party. The forfeiture statute allows law enforcement agencies to seize and take ownership of property that has a sufficient factual nexus to certain controlled substance violations...

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