Eugster must pay for RPS appeal

Former Spokane City Councilman Steve Eugster, now a truck-driving attorney, was ordered Thursday to pay unspecified attorney fees in a “frivolous” appeal of River Park Square parking garage litigation.

Essentially, Thursday’s ruling by the Washington Court of Appeals suggests, Eugster shouldn’t have looked a gift horse in the mouth.

Spokane County Superior Court Judge Linda Tompkins refused in September 2005 to force Eugster to pay the city of Spokane’s attorney fees when she dismissed a lawsuit Eugster filed against the city.

City officials argued unsuccessfully that Eugster should have to pay their defense costs on grounds that the lawsuit was frivolous.

The lawsuit sought to block a settlement in the failed public-private agreement to rebuild and operate a downtown shopping mall garage.

Eugster argued on appeal that the city should pay his court costs instead, because asking him to pay violated a law prohibiting governments from filing lawsuits to discourage public participation in civic affairs.

But a three-judge appellate panel noted Eugster represented himself. The city requested payment from Eugster the lawyer – not Eugster the client, the judges said.

Eugster also asked the Court of Appeals to overturn Tompkins’ ruling that his lawsuit had no legal merit. Appellate judges said the lawsuit not only lacked merit, but they were convinced it “was frivolous from the outset.”

While not touching Tompkins’ refusal to declare Eugster’s lawsuit frivolous, the Court of Appeals ruled his appeal of her decision was indeed frivolous – “so totally devoid of merit that there was no reasonable possibility of reversal.”

It was the second time Eugster had been ordered to pay for a frivolous lawsuit. He was ordered in April 2003 to pay $61,362 in a lawsuit claiming his election rival, former Spokane County Commissioner Phil Harris, illegally encouraged Republicans to vote for Eugster’s Democratic primary opponent.

But in other litigation in September 2005, a court awarded Eugster $38,090 in attorney fees in an unsuccessful effort by River Park Square to subpoena campaign contributors to Eugster and other City Council members who opposed the parking garage arrangements.

River Park Square is owned by the Cowles Co., which also owns The Spokesman-Review.