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Keywords

plaintiffjurisdictionattorneyappealtrialnonprofit

plaintiffattorneyappealnonprofit

Related Cases

Preseault v. U.S., 52 Fed.Cl. 667

Facts

J. Paul and Patricia Preseault owned land in Burlington, Vermont, which included a railroad right-of-way. They initially sought to quiet title in state court, claiming the right-of-way had been abandoned. After their case was dismissed due to lack of jurisdiction, they appealed to the Interstate Commerce Commission (ICC) for a certificate of abandonment, which was ultimately denied. Following a series of legal actions, including a takings claim under the Tucker Act, the Federal Circuit determined that a taking had occurred, leading to a trial that awarded the plaintiffs $234,000 in compensation.

Plaintiffs J. Paul and Patricia Preseault ('plaintiffs') own a fee simple interest in land near the shore of Lake Champlain in Burlington, Vermont. This tract of land consists of several previously separate properties, the identities of which date to the Nineteenth Century. The dispute in this case centered on a railroad right-of-way that traverses plaintiffs' land.

Issue

Whether the plaintiffs could recover attorney fees and expenses incurred in prior legal actions and the extent to which they could recover fees under the URA for their takings claim.

Among the issues to be decided are whether and to what extent plaintiffs can recover under the URA fees for a nonprofit legal services organization and attorneys' fees incurred in other legal actions prosecuted prior to plaintiffs' suit in the Court of Federal Claims.

Rule

Under the URA, plaintiffs may recover reasonable attorney fees and expenses that were actually incurred because of the taking proceeding, but not for expenses incurred in prior unrelated legal actions.

Under the plain language of the URA, plaintiffs only may recover fees incurred 'because of such proceeding'—that is, because of 'a proceeding brought under section 1346(a)(2) or 1491 of title 28, United States Code.'

Analysis

The court analyzed whether the fees sought by the plaintiffs were incurred 'because of' the takings claim. It determined that fees related to the ICC appeal were not recoverable as they were not incurred in pursuit of the takings claim. However, the court found that fees incurred for representation by a nonprofit legal services organization could be awarded, as there was an agreement that any fees recovered would go to the organization, thus satisfying the requirement of being 'actually incurred.'

Conclusion

The court granted the plaintiffs' application for attorney fees and expenses under the URA, allowing recovery for fees incurred during the takings claim but denying fees related to prior appeals.

Application granted.

Who won?

The plaintiffs, J. Paul and Patricia Preseault, prevailed in their application for attorney fees and expenses because the court recognized their entitlement to recover fees incurred in the takings claim under the URA.

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Duncan v. Vassaur, 550 P.2d 929, 1976 OK 65

Miller v. State, 62 N.Y.2d 506, 467 N.E.2d 493, 478 N.Y.S.2d 829, 19 Ed. Law Rep. 618

Ruehling v. Hornung, 98 Pa.Super. 535, 1930 WL 3535

City of Monterey v. Del Monte Dunes at Monterey, Ltd., 526 U.S. 687, 119 S.Ct. 1624, 143 L.Ed.2d 882, 48 ERC 1513, 67 USLW 3681, 67 USLW 4345, 29 Envtl. L. Rep. 21,133, 99 Cal. Daily Op. Serv. 3846, 1999 Daily Journal D.A.R. 4908, 1999 CJ C.A.R. 3019, 12 Fla. L. Weekly Fed. S 247

Calder v. Bull, 3 U.S. 386, 3 Dall. 386, 1798 WL 587, 1 L.Ed. 648