Levy v. Aspen S, LLCAnnotate this Case
The Supreme Court reversed the decision of the district court denying Plaintiff attorney fees and costs after dismissing this declaratory judgment action as moot, holding that the court erred in concluding that Plaintiff was not entitled to his attorney fees and costs.
Plaintiff brought a declaratory judgment action asking the district court to declare that he had the right to install underground fiber optic cable within a utility easement located on Defendants' property. Defendants subsequently moved for judgment on the pleadings, claiming that Defendant had the right to install the fiber optic cable within the easement and that the case was now moot because there was no longer a justiciable controversy. The district court agreed, dismissed the action, and denied attorney fees and costs. The Supreme Court reversed, holding that Plaintiff was entitled to his attorney fees and costs under the easement's fee-shifting provision.