State v. Roth

78 Wn.2d 711 (1971)

479 P.2d 55

THE STATE OF WASHINGTON, Respondent,

v.

ROSA ROTH et al., Appellants.[*]

No. 41097.

The Supreme Court of Washington, En Banc.

January 7, 1971.

Ned Hall, for appellants.

The Attorney General, James R. Cunningham and James F. Huey, Assistants, for respondent.

STAFFORD, J.

This is an action in eminent domain. The property owners appeal from a judgment which failed to include an award for attorney and expert witness fees.

Article 1, section 16 of the Washington State Constitution, as amended by amendment 9, provides that private property shall not be taken or damaged for…