RCW 25.10.955
Unsettled demand for payment -- Costs -- Fees and
expenses of counsel. (Effective until July 1, 2010.)
(1) The
court in a proceeding commenced under RCW 25.10.950 shall
determine all costs of the proceeding, including the reasonable
compensation and expenses of appraisers appointed by the court. The court shall assess the costs against the limited partnership,
except that the court may assess the costs against all or some of
the dissenters, in amounts the court finds equitable, to the
extent the court finds the dissenters acted arbitrarily,
vexatiously, or not in good faith in demanding payment.
(2) The court may also assess the fees and expenses of
counsel and experts for the respective parties, in amounts the
court finds equitable:
(a) Against the limited partnership and in favor of any or
all dissenters if the court finds the limited partnership did not
substantially comply with the requirements of this article; or
(b) Against either the limited partnership or a dissenter,
in favor of any other party, if the court finds that the party
against whom the fees and expenses are assessed acted
arbitrarily, vexatiously, or not in good faith with respect to
the rights provided by this article.
(3) If the court finds that the services of counsel for any
dissenter were of substantial benefit to other dissenters
similarly situated, and that the fees for those services should
not be assessed against the limited partnership, the court may
award to these counsel reasonable fees to be paid out of the
amounts awarded the dissenters who were benefited.
[1991 c 269 § 28.]