Legal Opinion
Stewart v. State, Department of Transportation & Public Facilities
Alaska Supreme Court
Decided December 28, 1984No. S-104PublishedCited by 4 opinions
1Opinion of the Court
MOORE, Justice.
The Stewarts appeal the trial court’s decision to deny them attorney’s fees and to award the State attorney’s fees in an eminent domain action. We affirm the trial court because part of the Stewarts’ attorney’s fees was not necessarily incurred in seeking a dismissal of the eminent domain action. Furthermore, the State is entitled to attorney’s fees as the prevailing party on subsequent issues unrelated to its eminent domain action.
I. FACTS AND PROCEEDINGS
On July 19, 1982, the State filed a condemnation action to acquire the Stewarts’ realty. The State claimed it needed the…
2Cases cited5 opinions
- City of Anchorage v. ScaveniusAlaska Supreme Court · 1975
- State v. Alaska Continental Development Corp.Alaska Supreme Court · 1980
- Triangle, Inc. v. StateAlaska Supreme Court · 1981
- Williams v. City of ValdezAlaska Supreme Court · 1979
- BADGER CONST. CO., INC. v. StateAlaska Supreme Court · 1981
3Cited by4 opinions
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- City of Kenai v. Cook Inlet Natural Gas Storage Alaska, LLCAlaska Supreme Court · 2016
- Vezey v. StateAlaska Supreme Court · 1990
- Alaska Laser Wash, Inc. v. State of Alaska, Department of Transportation & Public FacilitiesAlaska Supreme Court · 2020