Brown v. City of Bryant
2017 Ark. App. 239
| Ark. Ct. App. | 2017Background
- City of Bryant filed a condemnation action under Ark. Code Ann. §§ 18-15-201, -301 et seq. to take Browns’ property for Alcoa Road, deposited $29,211 with the court, and obtained immediate possession.
- The Browns counterclaimed seeking damages, attorney’s fees, costs, and interest.
- A jury awarded the Browns $148,800 as just compensation; final judgment credited the $29,211 deposit and vested title in the City.
- The Browns moved under Ark. Code Ann. § 18-15-307(c) for $14,006.29 in costs (including a $3,400 appraisal, deposition/court-reporter fees, expert fees, copy/exhibit processing, postage) and $22,750 in attorney’s fees.
- The trial court denied all requested attorney’s fees and costs under § 18-15-307(c); the Browns appealed.
- The Court of Appeals affirmed denial of attorney’s fees and most costs, but held the appraisal fee was recoverable as a cost occasioned by the “assessment,” and remanded for entry of an order awarding the appraisal fee.
Issues
| Issue | Plaintiff's Argument (Browns) | Defendant's Argument (City) | Held |
|---|---|---|---|
| Recoverability of attorney’s fees under § 18-15-307(c) | Attorney’s fees are costs of condemnation and should be charged to the condemnor. | No statutory authority authorizes awarding attorney’s fees against a municipality in condemnation. | Attorney’s fees are not recoverable under § 18-15-307(c). Affirmed. |
| Recoverability of expert-witness fees under § 18-15-307(c) | Expert fees are litigation costs tied to valuation and should be taxable. | Expert fees are not among costs taxable in an ordinary action and lack statutory authorization. | Expert-witness fees not recoverable absent statute. Affirmed. |
| Recoverability of appraisal fee as a cost “occasioned by the assessment” | Appraisal is part of the valuation/assessment process and thus covered by the statute. | City implicitly argued costs must be those taxable in ordinary actions; appraisal not necessarily recoverable. | Appraisal ($3,400) is a cost occasioned by the assessment and is recoverable. Reversed and remanded to award appraisal. |
| Recoverability of other costs (deposition/court-reporter, filing fees, copies, exhibits, postage, fax, postage) | These are reasonable litigation costs incurred and should be charged to the condemnor. | Many of these are not statutorily taxable costs under Rule 54(d) or § 18-15-307(c); trial court has discretion. | Deposition and court-reporter fees are not taxable; filing fees and clerk fees are taxable but discretionary; copy/exhibit/ fax/ postage were not directed by trial court and denial is not an abuse of discretion. Affirmed. |
Key Cases Cited
- Wood v. Tyler, 317 Ark. 319 (expert and deposition costs not allowable as taxable costs)
- DaimlerChrysler Corp. v. Smelser, 375 Ark. 216 (interpreting recoverable costs and statutory discretion)
- Florida Oil Inv. Grp., LLC v. Goodwin & Goodwin, Inc., 499 S.W.3d 674 (Ark. Ct. App.) (statutory construction — give words their ordinary meaning)