Roach v. County of BeckerAnnotate this Case
In this property dispute, the Supreme Court affirmed in part and reversed in part the decision of the court of appeals determining that Joseph and Jennifer Roach's appeal was not barred by their acceptance of a remittitur on future damages and that the Roaches could seek attorney fees, holding that attorney fees were not authorized under the watershed statute, Minn. Stat. 103D.545, subd. 3.
The Roaches, whose home was damaged during the construction of a home on property owned by Thomas and Sandra Alinder, brought nuisance and other claims against the Alinders and the company that built the home. After years of litigation, a jury trial was held to address damages. The jury awarded the Roaches damages. The Roaches moved for attorney fees. The district court denied the motion on the grounds that section 103D.545, subd. 3, did not apply. The district court further conditionally ordered a new trial unless the Roaches accepted a remittitur of the future damages award to zero. The Roaches accepted the remittitur and appealed the denial of attorney fees. The Supreme Court held (1) the Roaches were permitted to appeal issues separate and distinct from the subject of the remittitur order; but (2) attorney fees were not authorized under the statute.