Ballard et al v. Levens
Annotate this CaseAl Ballard and Ecosafe Gold Recovery, LLC (Ballard), appealed a district court's order entered following the Supreme Court’s remand in the first appeal of the case. The Supreme Court reversed the entry of judgment in favor of Ballard, and reversed the award of attorney fees to Ballard and remanded the matter for further proceedings consistent with its opinion. Upon remittitur, Russell and Melissa Levens moved for an order on remand that would provide various forms of relief, including attorney fees. When Ballard did not initially respond, the District Court entered an order requiring Ballard to immediately restore a 30-foot buffer zone by appropriate filling, compacting, and buttressing. The court ordered Ballard to commence work immediately and to complete the restoration within 30 days, and imposed a $100 per day penalty for every day beyond the 30-day deadline that the restoration was incomplete. The court required Ballard to mark the boundary of the buffer zone and to pay Levens' attorney fees and costs, and scheduled a hearing to determine the proper amount of fees. The Supreme Court concluded that the district court did not err on remand of the case. "Ballard has no meritorious defense and the takings claim was raised for the first time on appeal." The District Court properly awarded attorney fees to Levens under the agreement. The Levens were likewise entitled to attorney fees on appeal.
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