CORPORATION OF HARPERS FERRY v. Taylor, 227 W. Va. 501

Mr. Taylor sought access to his property via Zachary Taylor Street and the City imposed escalating preconditions in 2006.
City Council, including Mr. DuBose, discussed and approved initial access but added onerous requirements after protests.
Special City Council meeting in April 2006 imposed further conditions, including surveys, drawings, and site plans.
June 2006, City required a licensed engineer with costly drawings; Taylor deemed the requirement meritless.
Taylor filed a declaratory judgment action in 2007 challenging the conditions; court issued findings favorable to Taylor in 2009.
Taylor moved for attorney’s fees and costs in 2009; circuit court awarded fees and costs in 2010; City moved to alter/amend under Rule 59(e).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is there support for the attorney's fees award?	Taylor	City	No abuse; evidence supported fees
Was an evidentiary hearing required for attorney's fees?	Taylor	City	Waived; no hearing required

Sally-Mike Props. v. Yokum, 179 W.Va. 48, 365 S.E.2d 246 (1986) (general rule of bearing own fees absent authority; exceptions for bad faith)
Beto v. Stewart, 213 W.Va. 355, 582 S.E.2d 802 (2003) (abuse of discretion standard for attorney's fees)
Sanson v. Brandywine Homes, Inc., 215 W.Va. 307, 599 S.E.2d 730 (2004) (abuse of discretion standard for award of attorney's fees)
Daily Gazette Co., Inc. v. West Virginia Dev. Office, 206 W.Va. 51, 521 S.E.2d 543 (1999) (trial court wide discretion on costs and fees)
Bond v. Bond, 144 W.Va. 478, 109 S.E.2d 16 (1959) (discretion in determining court costs and counsel fees)
Cummings v. Cummings, 170 W.Va. 712, 296 S.E.2d 542 (1982) (per curiam on discretionary fee matters)
Nelson v. W.Va. Pub. Employees Ins. Bd., 171 W.Va. 445, 300 S.E.2d 86 (1982) (citizens may recover attorney's fees to cure willful disregard of law)
In re John T., 2010 (2010) (concurring view on notice and hearing rights)