Washington Court of Appeals Upholds the Rights of Tenants to Share in Condemnation Awards
What rights does a tenant have in an eminent domain proceeding? In City of Puyallup v. Hogan, the Washington Court of Appeals recently confirmed the right of a tenant, Borders Group, Inc., (“Borders”) to share in a condemnation award and held that tenants do not have the duty to mitigate damages in condemnation proceedings. The court affirmed the trial court’s judgment that Borders was entitled to apportionment of a condemnation award to its landlord in the amount of $918,129. In addition, the Court of Appeals awarded Borders post-judgment interest and attorneys’ fees on appeal.
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