Legal Opinion

Moen v. Spokane City Police Department

Court of Appeals of Washington

Decided March 19, 2002No. 20067-1-IIIPublishedCited by 17 opinions

1Opinion of the CourtSchultheis, J.

— Eugene Moen successfully challenged the civil forfeiture of a 2000 Ford Taurus seized by the Spokane Police Department. The trial court awarded him reasonable attorney fees pursuant to RCW 4.84.350, more commonly known as the Equal Access to Justice Act (EAJA). On appeal, the Department contends the civil forfeiture statute, RCW 69.50.505, prohibits the award of attorney fees to individual claimants and, as a more specific statute, is controlling here. We find that the EAJA does not conflict with the civil forfeiture statute, and affirm.

Facts

In February 2000, Spokane police officers…

2Cases cited15 opinions

  1. Rozner v. City of BellevueWashington Supreme Court · 1991
  2. State v. ChapmanWashington Supreme Court · 2000
  3. State v. ChapmanWashington Supreme Court · 2000
  4. In Re Estate of KerrWashington Supreme Court · 1998
  5. Bennett v. RueggWashington Supreme Court · 1998

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3Cited by17 opinions

  1. Silverstreak, Inc. v. STATE DEPT. OF LABORWashington Supreme Court · 2007
  2. Silverstreak, Inc. v. Department of Labor & IndustriesWashington Supreme Court · 2007
  3. Guillen v. ContrerasWashington Supreme Court · 2010
  4. Guillen v. ContrerasWashington Supreme Court · 2010
  5. Department of Labor & Industries v. Lyons Enterprises, Inc.Court of Appeals of Washington · 2015

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