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(DOWNLOAD) "Rettkowski v. Washington" by Division Three, Panel Four Court of Appeals of Washington # Book PDF Kindle ePub Free

Rettkowski v. Washington

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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.


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