City of Fort Smith, Arkansas v. Lee Hackler, Patricia Hackler, Judy W. Hartman and Neil W. Hartman

CITY OF FORT SMITH, Arkansas v. Lee HACKLER, Patricia Hackler, Judy W. Hartman and Neil W. Hartman

04-1278

Supreme Court of Arkansas

Opinion delivered November 10, 2005

Eminent domain - arguments offered by appellant were same arguments court rejected in Carter case - based upon reasoning set forth in companion case supreme court held that circuit court did not err in awarding attorney's fees pursuant to Ark. Code Ann. § 18-15-605(b). - In City of Fort Smith v. Carter, No. 05-198, ___ Ark. ___, ___ S.W.3d ___ (Nov. 10, 2005), a companion case to the present case, the circuit court denied the landowners' request for attorney's fees pursuant to Ark. Code Ann. § 18-15-605(b) (Repl. 2003), the landowners cross-appealed, and the supreme court reversed and remanded, ordering the circuit court to determine the amount of attorney's fees due the landowners pursuant to § 18-15-605(b); the supreme court held that the circuit court did not err in awarding attorney's fees pursuant to Ark. Code Ann. § 18-15-605(b); because the arguments offered by appellant in the instant case were the same arguments the court rejected in the Carter case, the court deemed it unnecessary to reiterate what had been stated in the companion case bearing upon these arguments; based upon the reasoning set forth in City of Fort Smith v. Carter, the supreme court held that the circuit court did not err in awarding attorney's fees pursuant to Ark. Code Ann. § 18-15-605(b).

Appeal from Crawford Circuit Court; Michael Medlock, Judge, affirmed.

Daily & Woods, P.L.L.C., by: Robert R. Briggs, for appellant.

Bagby Law Firm, P.A., by: Philip A. Bagby, for appellees.

Jim Hannah, Chief Justice. The City of Fort Smith appeals the Crawford County Circuit Court's award of attorney's fees pursuant to Ark. Code Ann. § 18-15-605(b) (Repl. 2003) to landowners Lee and Patricia Hackler in an eminent-domain action. This is a companion case to City of Fort Smith v. Carter, No. 05-198, ___ Ark. ___, ___ S.W.3d ___ (Nov. 10, 2005), which is also handed down today. In the Carter case, the circuit court denied the landowners' request for attorney's fees pursuant to § 18-15-605(b). The landowners cross-appealed, and we reversed and remanded, ordering the circuit court to determine the amount of attorney's fees due the landowners pursuant to § 18-15-605(b).

The arguments offered by the City in the instant case are the same arguments we rejected in the Carter case. Accordingly, we deem it unnecessary to reiterate in the instant case what has been stated in the companion case bearing upon these arguments. Based upon our reasoning set forth in City of Fort Smith v. Carter, we hold that the circuit court did not err in awarding attorney's fees pursuant to Ark. Code Ann. § 18-15-605(b).

Affirmed.

Brown, J., dissents. I would reverse for many of the reasons set forth in my dissent in City of Forth Smith v. Carter, No. 05-198, ____ Ark. ___, ___ S.W.3d. ___ (Nov. 10, 2005).