[DOWNLOAD] "Rettkowski v. Washington" by Division Three, Panel Four Court of Appeals of Washington * eBook PDF Kindle ePub Free

July 19, 2021

eBook details

Title: Rettkowski v. Washington
Author : Division Three, Panel Four Court of Appeals of Washington
Release Date : January 20, 1994
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 62 KB

Description

SCHULTHEIS, J. --After quashing cease and desist orders issued by the Department of Ecology (DOE), the Lincoln County Superior Court awarded attorney fees in favor of respondents. DOE contends: (1) there is no statutory basis for an award of fees; (2) the narrow exception to the American rule allowing fees in injunction actions is inapplicable; (3) one fee petition was filed out of time; (4) the trial court lacked authority to award fees for appellate work; (5) the fees awarded are not reasonable; (6) the trial court erred in declining to order discovery and an evidentiary hearing on the fee issue; and (7) an award of extraordinary expenses is not authorized. Respondents request an award of fees on appeal and also have pending a motion to take additional evidence. RAP 9.11. We reach only the first two issues, reverse and remand.