Rogers Group, Inc. v. City of Fayetteville, No. 11-2482 (8th Cir. 2012)
Annotate this CaseRogers Group, Inc. brought suit in district court against the City of Fayetteville, seeking to prevent the enforcement of the City's ordinance regulating rock quarries in or near the City's corporate limits. The district court granted Rogers Group's motion for a preliminary injunction to enjoin the ordinance prior to its enforcement date. The Eighth Circuit Court of Appeals affirmed. The City then repealed the ordinance. Rogers Group moved for attorneys' fees and costs, arguing that it was a prevailing party. The district court granted the motion, concluding that Rogers Group was entitled to a fee award under 42 U.S.C. 1988 even though the court never reached the constitutional claims because the allegations in the complaint raised a substantial constitutional claim sufficient to confer jurisdiction. The Eighth Circuit affirmed, holding that Rogers Group was a prevailing party entitled to an award of attorneys' fees pursuant to section 1988 even though the district court never reached its constitutional claims.
Court Description: Civil Case - attorneys fees. Following the grant of a preliminary injunction to enjoin a City ordinance, (and this court's affirmance), and the City's subsequent repeal of the ordinance, the district court dismissed the action as moot. The district court's grant of attorneys fees under 42 U.S.C. sec. 1988 is affirmed, as Rogers Group is a prevailing party because there was a court-ordered change in the legal relationship, the injunction was a judgment rendered in favor of Rogers Group and Rogers Group received judicial relief. Even though the district court did not reach the constitutional claims, the allegations raised a substantial constitutional claim sufficient to confer jurisdiction and were sufficient to support an attorneys fee award.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.