Facts: After respondent Union Elevator & Warehouse Company, Inc. lost access to one of its grain elevator facilities as a result of a project undertaken by the petitioner Department of Transportation, it filed suit in the Superior Court for Adams County seeking inverse condemnation damages and relocation assistancewith interest pursuant to Washington Revised Code §8.26. The trial court ruled that interest does not accrue on an award of relocation assistance. Upon appeal, the Washington Court of Appeals reversed, holding that Union Elevator & Warehouse Company was entitled, in addition to inverse condemnation damages and relocation assistance, to interest on the award of relocation assistance. The Department of Transportation appealed this decision to the Supreme Court of Washington.

Question(s): Does §8.26 implicitly authorize interest on awards of relocation assistance?

Conclusion: Justice Charles W. Johnson’s opinion for a unanimous Court reversed the Washington Court of Appeals, concluding that although interest on inverse condemnation awards is expressly authorized, no comparable language exists in §8.26 that can be construed as waiving the state’s sovereign immunity with regard to interest on relocation assistance awards. Thus, the Court remanded the case to the trial court for determination of damages.

Docket No. 83771-6 (from Court of Appeals Division III Case No. 27370-9)

Petitioner: Department of Transportation

(Counsel: Amanda G. Phily and Douglas D. Shaftel)

Respondent: Union Elevator & Warehouse Company, Inc.

(Counsel: Kevin W. Roberts)

Briefs:

Argument: Thursday, January 13, 2011 10:00am

[Source: TVW, http://tvw.org]

Decided: Thursday, February 17th, 2011

Prevailing Party: Department of Transportation (Petitioner)

Vote: 9-0

Citation: Pending

Court: Madsen2 Court (2011-)

Madsen

Johnson
(Majority)

Alexander

Chambers

Owens

Fairhurst

Johnson

Stephens

Wiggins