RCW 7.48.315
Agricultural activities and forest practices—Recovering lawsuit costs—Farmers.
(1) A farmer who prevails in any action, claim, or counterclaim alleging that agricultural activity on a farm constitutes a nuisance may recover the full costs and expenses determined by a court to have been reasonably incurred by the farmer as a result of the action, claim, or counterclaim.
(2) A farmer who prevails in any action, claim, or counterclaim (a) based on an allegation that agricultural activity on a farm is in violation of specified laws, rules, or ordinances, (b) where such activity is not found to be in violation of the specified laws, rules, or ordinances, and (c) actual damages are realized by the farm as a result of the action, claim, or counterclaim, may recover the full costs and expenses determined by a court to have been reasonably incurred by the farmer as a result of the action, claim, or counterclaim.
(3) The costs and expenses that may be recovered according to subsection (1) or (2) of this section include actual damages and reasonable attorneys' fees and costs. For the purposes of this subsection, "actual damages" include lost revenue and the replacement value of crops or livestock damaged or unable to be harvested or sold as a result of the action, claim, or counterclaim.
(4) In addition to any sums recovered according to subsection (1) or (2) of this section, a farmer may recover exemplary damages if a court finds that the action, claim, or counterclaim was initiated maliciously and without probable cause.
(5) A farmer may not recover the costs and expenses authorized in this section from a state or local agency that investigates or pursues an enforcement action pursuant to an allegation as specified in subsection (2) of this section.
[ 2005 c 511 § 1.]
Structure Revised Code of Washington
Title 7 - Special Proceedings and Actions
7.48.010 - Actionable nuisance defined.
7.48.020 - Who may sue—Judgment for damages—Warrant for abatement—Injunction.
7.48.030 - Issuance and execution of warrant.
7.48.040 - Stay of issuance of warrant.
7.48.050 - Moral nuisances—Definitions.
7.48.054 - Moral nuisance—Personal property—Effects of notice.
7.48.056 - Abate moral nuisance—Enjoin owner.
7.48.058 - Maintaining action to abate moral nuisance—Bond.
7.48.060 - Moral nuisance—Jurisdiction—Filing a complaint.
7.48.062 - Moral nuisance—Restraining order—Violations.
7.48.064 - Moral nuisance—Hearing—Notice—Consolidation with trial.
7.48.066 - Finding of moral nuisance—Orders.
7.48.068 - Abatement of moral nuisance by owner—Effect on injunction.
7.48.070 - Moral nuisance—Priority of action on calendar.
7.48.072 - Moral nuisance—Effects of admission or finding of guilt.
7.48.074 - Moral nuisance—Evidence of reputation—Admissibility.
7.48.076 - Moral nuisance—Trial—Costs—Dismissal—Judgment.
7.48.078 - Moral nuisance—Judgment—Penalties—Disposal of personal property.
7.48.080 - Moral nuisance—Violation of injunction—Contempt of court.
7.48.085 - Moral nuisance—Property owner may repossess.
7.48.090 - Moral nuisance—Contraband—Forfeitures.
7.48.100 - Moral nuisance—Immunity of certain motion picture theater employees.
7.48.110 - Houses of lewdness, assignation or prostitution may be abated—Voluntary abatement.
7.48.130 - Public nuisance defined.
7.48.140 - Public nuisances enumerated.
7.48.150 - Private nuisance defined.
7.48.155 - Unlawful use of firearm or deadly weapon—Arrest required.
7.48.160 - Authorized act not a nuisance.
7.48.170 - Successive owners liable.
7.48.180 - Abatement does not preclude action for damages.
7.48.190 - Nuisance does not become legal by prescription.
7.48.210 - Civil action, who may maintain.
7.48.220 - Abatement, by whom.
7.48.230 - Public nuisance—Abatement.
7.48.240 - Certain places of resort declared nuisances.
7.48.260 - Warrant of abatement.
7.48.280 - Costs of abatement.
7.48.300 - Agricultural activities and forest practices—Legislative finding and purpose.
7.48.310 - Agricultural activities and forest practices—Definitions.
7.48.315 - Agricultural activities and forest practices—Recovering lawsuit costs—Farmers.