Daviscourt v. Peistrup

This is a consolidated appeal by William M. and Betty G. Peistrup and Clarence T. and Alice L. Brannman of the superior court judgment denying attorney and expert witness fee awards under RCW 8.25.070(1) to condemnees in a private condemnation proceeding. We affirm the trial court's judgment.

Respondents Karl F. and Barbara E. Daviscourt brought a condemnation action for a private way of necessity over the Peistrups' and Brannmans' properties. In the first phase of the action, the Daviscourts were granted a private way of necessity over the properties; in the second phase, a jury awarded…