City of Benton v. Alcoa Road Storage Inc. (Majority, with Dissenting)Annotate this Case
Alcoa Road Storage, Inc. was awarded attorneys’ fees in a judgment arising from a condemnation proceeding. The City of Benton appealed, arguing that the circuit court erred in awarding attorneys’ fees because there is no statutory authority for awarding such fees against a municipality in a condemnation proceeding. Alcoa cross-appealed, challenging the circuit court’s denial of its request for payment of expert-witness fees. The Supreme Court affirmed in part and reversed in part, holding that the circuit court (1) erred in awarding attorneys’ fees because attorneys’ fees are not expressly provided for in Ark. Code Ann. 18-15-307(c); and (2) did not err in finding that expert-witness fees incurred by a landowner to establish the calculation of its just compensation are not “costs occasioned by the assessment” pursuant to section 18-15-307(c).