Date: 12-23-1996

Case Style: State of Washington v. The Wandermere Company, et al.

Case Number: Unknown

Judge: Richard Schroeder

Court: Superior Court of Spokane County

Plaintiff's Attorney: Unknown

Defendant's Attorney: William D. Symmes and Timmothy M. Lawlor of Witherspoon, Kelley, Davenport & Toole, Spokane, Washington and Robert A. Dunn and Deborah J. Good of McCormick, Dunn & Black, P.S., Spokane, Washington.

Description: Condemnation (eminent domain) proceeding by the State of Washington to acquire 5.56 acres for construction of a section of highway. The State offered $38,900 for the taking, which was refused. The State claimed that the 5.56 acres was part of a 24.45-acre leased parcel that contained little remaining sand and gravel deposits and that the highest and best use of the property was for residential purposes. Wandermere and Acme maintained that the taking was from a 62-acre parcel that contained 4.5 million cubic yards of sand and gravel yet to be mined. The State's experts claimed that the highest and best use of the property was residential and had a value of $9,000 to $12,000 per acre.

Outcome: Verdict for Defendants for $3,500,000.00.

Plaintiff's Experts: Stanley Moe, real estate appraiser.

Defendant's Experts: Dwight Hume, land use planner; Perry Michael Taylor, design and construction of concrete batch plants; and Dewitt Sherwood, real estate appraiser

Comments: Affirmed on appeal with a ruling that Defendants were entitled to attorney fees. See: 949 P.2d 392 (Wash.App. Div. 3 1997).