Statutory attorney fees and cost has lead to some misunderstanding in the ruling from Superior Court Judge Patrick Oishi denying the Land Use Petition Act appeal brought by Toward Responsible Development against the two YarrowBay master planned developments in Black Diamond.
Seattle attorney David Bricklin representing TRD requested a clarification of the ruling.
Oishi wrote in his order, “Costs and statutory attorneys’ fees as allowed by Chapter 4.84 hereby awarded to the City of Black Diamond and Yarrow Bay. Counsel for respondents are directed to submit cost bills and motions in support of costs and attorneys’ fees within ten (10) days of the date of this Order.”
Bricklin noted in a email asking for clarification, “The standard rule in our state is that each side pays their own attorneys fees, win or lose. That is the rule that applied in this case. There is a statute that allows the prevailing party to recover a very nominal amount ($200) as ‘attorney fees,’ but that obviously is not the same thing as recovering your actual fees.”
• City attorney fees requested are:
1. Filing Fees – $257.88
2. Cost of obtaining record – $153.30
3. Statutory attorneys’ fee $200
Total: $611.18
• YarrowBay fees and cost requested are:
Fees for the service of process – $337.35
Statutory attorney and witness fees – $200
Total – $537.35
