Emerald People's Utility District v. Pacificorp

Plaintiff appeals from the judgment awarding costs, disbursements, attorney fees and expert expenses to defendant Pacificorp in this condemnation action.

Defendant raised defenses against the proposed taking. Consequently, the trial court bifurcated the case into a trial to consider those defenses, to be followed, if necessary, by a trial to determine the value of the property. Because defendant prevailed on its defenses, the valuation question was not reached.

Plaintiff first contends that the trial court erred by awarding certain expenses to defendant that it incurred for the services of…