Public Utility District No. 1 v. Kottsick

This appeal involves a trial court’s denial of an award of attorney fees. The respondent, Public Utility District No. 1 of Snohomish County, filed a summons and petition for condemnation of seven tracts of land in order to construct a transmission line. Several of the direct condemnees filed appearances in the action. None of these condemnees actually appeared at the public use and necessity hearing.

The appellants, John Smistad, Olav Smistad, and Elsie Chandler, owned land which abutted the proposed site of the transmission line. The respondent did not attempt to condemn this land. However,…