Legal Opinion

Olympic Peninsula Narcotics Enforcement Team v. Junction City Lots 1 Through 12 Inclusive, Block 35

Washington Supreme Court

Decided September 6, 2018No. 95013-0PublishedCited by 1 opinion

1Opinion of the CourtYu, J.

*1229 *657 ¶ 1 This case involves Washington's civil forfeiture statute and the scope of the attorney fees provision where the claimant is the substantially prevailing party. The forfeiture statute allows law enforcement agencies to seize and take ownership of property that has a sufficient factual nexus to certain controlled substance violations. RCW 69.50.505. However, if someone claims the property and law enforcement cannot prove that forfeiture is authorized, then the claimant is entitled to have the property returned and to receive "reasonable attorneys' fees reasonably incurred by the…

2Cases cited18 opinions

  1. Pennsylvania v. Delaware Valley Citizens' Council for Clean AirSupreme Court of the United States · 1986
  2. Austin v. United StatesSupreme Court of the United States · 1993
  3. Department of Ecology v. Campbell & Gwinn, L.L.C.Washington Supreme Court · 2002
  4. State, Dept. of Ecology v. Campbell & GwinnWashington Supreme Court · 2002
  5. United States v. UrserySupreme Court of the United States · 1996

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3Cited by1 opinion

  1. State Construction Inc v. Hartford Fire Insurance CompanyCourt of Appeals of Washington · 2020

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