United States of America v. Harrell, et al, No. 10-2153 (10th Cir. 2011)
Annotate this CaseIn this case the Court was asked to determine who won an eminent domain action in which the winner should have been awarded attorney's fees. Despite winning the judgment, Appellees were denied attorney's fees. Technically Appellees were not the "prevailing party" at trial, and thus not entitled to fees. At issue in the case was the value of mineral rights to land the Government sought to take by eminent domain. Competing experts disputed the valuation, eventually resting on a number with the district court's help. Appellees sought fees but were denied. They brought their case to the Tenth Circuit to challenge the district court's decision. Relying on it's own precedent, the Tenth Circuit found that the district court had to use the highest valuation "attested to at trial." In this case, Appellants "won" the battle of the experts even though Appellees "won" the judgment. Appellants' expert had the highest valuation of the mineral rights, and because the amount of the judgment was far less than his highest valuation, Appellants were the "prevailiang party." The Court accordingly affirmed the district court's decision denying Appellees attorney's fees.
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