Noble v. Safe Harbor Family Preservation Trust

¶27 (dissenting) — The majority concludes that a trial court may not look beyond the mechanical process of joinder in awarding attorney fees against a party in a condemnation action. While recognizing the broad discretion given to trial courts to award fees under RCW 8.24.030, the majority nevertheless concludes that “the statute does not support awarding fees against a condemnee where that condemnee does not choose to join any other party as an alternative condemnee.” Majority at 23. Because I do not read the statute to say anything of the sort and because the legislature and I believe the…