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Division 1 Court of Appeals

862669

Jeff & Gwen Russell, Et al, v. Snohomish County, Et Al,


  • Snohomish County sold Ronald Newman a 1 foot wide “nuisance strip,” for which he then applied for a short plat. The Russells objected to Newman’s application and appealed to the city’s hearing examiner. The hearing examiner upheld the approval of the application, subject to conveyance of the nuisance strip to the City of Lynnwood. The Russell’s sued the County and City for declaratory relief and damages regarding the nuisance strip. After a bench trial, the court dismissed the action and later denied reconsideration. Later, in a post-trial motion for sanctions based on discovery, the court awarded the Russells’ fees. The Russells appeal the dismissal of the action. On cross-appeal, the City claims the court abused its discretion by awarding post-trial attorney fees to the Russells. COA # 862669. King County Superior Court #22-2-03566-8.