United States v. 515 Granby, LLC, No. 12-2161 (4th Cir. 2013)Annotate this Case
After prevailing against the United States on the issue of just compensation in a condemnation proceeding, Granby and Marathon appeal the district court's denial of attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. 2412. The district court concluded that, although the prelitigation position of the United States was admittedly unreasonable, the United States' overall position was substantially justified under the totality of the circumstances. The court vacated and remanded with instructions regarding how to properly weigh the government's prelitigation position in determining whether its position as a whole was substantially justified, and to consider, if necessary, whether special circumstances existed in the first instance.