Legal Opinion

City of Spokane v. Ward

Court of Appeals of Washington

Decided June 22, 2004No. 21728-1-IIIPublishedCited by 2 opinions

1Opinion of the CourtSchultheis, J.

By statute, no costs or attorney fees are awarded in a traffic infraction case. RCW 46.63.151. By court rule, however, substantially prevailing parties on appeal from a court of limited jurisdiction are entitled to costs. RALJ 9.3. Robert Ward successfully appealed a district court finding that he committed a traffic infraction. The superior court judge awarded Mr. Ward costs expended on the appeal pursuant to the court rule. On appeal of this judgment, the city of Spokane (City) contends the statutory prohibition against the awarding of costs supersedes the court rule. Because we conclude…

2Cases cited9 opinions

  1. State v. SmithWashington Supreme Court · 1974
  2. In re the Marriage of LeslieCourt of Appeals of Washington · 1998
  3. City of Kirkland v. EllisCourt of Appeals of Washington · 1996
  4. Harold Meyer Drug v. HurdCourt of Appeals of Washington · 1979
  5. Baird v. LarsonCourt of Appeals of Washington · 1990

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3Cited by2 opinions

  1. In Re MaynardSupreme Court of New Hampshire · 2007
  2. City of Spokane v. WardropCourt of Appeals of Washington · 2011

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