811 N.W.2d 610
Minn.2012Background
- 2002: Rochester Int'l Joint Zoning Bd increased runway safety zone size and restricted uses within it, affecting DeCook property.
- DeCooks filed inverse condemnation claiming a taking/damage for public use and sought compensation.
- District court granted summary judgment for Board; on appeal, the Court of Appeals remanded for trial.
- Remand: jury valued diminution in value at $170,000; district court held no taking as a matter of law; Court of Appeals reversed; Minnesota Supreme Court affirmed taking in 2011 and remanded for judgment.
- DeCooks sought attorney fees under Minn. Stat. § 117.045 for three appeals; Board opposed; court analyzed statutory scope and federal Relocation Act reference.
- Court ultimately granted the award of appellate attorney fees under § 117.045 and denied costs/disbursements for sovereign immunity reasons.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §117.045 permits appellate fees here. | DeCook: fees authorized for successful inverse condemnation actions. | Board: fees limited by McShane; not applicable to reversible takings. | Yes; fees allowed on appeal. |
| Does McShane bar appellate fees where taking is reversible? | DeCook: First English and related cases render McShane inapplicable. | Board: McShane controls unless taking irreversible. | No; McShane overruled by subsequent authority for temp takings. |
| Does §117.045's reference to the federal Relocation Act permit appellate fees irrespective of federal funding? | DeCook: reference ensures recovery analogous to federal §4654(c). | Board: Relocation Act not triggered absent federal funds. | Construction favors recovery of fees including on appeal. |
| What is the scope of fee entitlement under §117.045 for this proceeding? | DeCook: entitled to costs and attorney fees, including on appeal. | Board: only certain costs; limits apply. | DeCook entitled to reasonable attorney fees and costs on appeal. |
Key Cases Cited
- Spaeth v. City of Plymouth, 344 N.W.2d 815 (Minn. 1984) (applies §117.045 to compel eminent domain proceedings)
- McShane v. City of Faribault, 292 N.W.2d 253 (Minn. 1980) (fees not available unless taking irreversible (original rule))
- First English Evangelical Lutheran Church v. County of Los Angeles, 482 U.S. 304 (U.S. 1987) (temporary takings require compensation)
- Zeman v. City of Minneapolis, 552 N.W.2d 548 (Minn.1996) (recognizes inverse condemnation as remedy for temporary takings)
- Carlson v. City of Minnetonka, 265 N.W.2d 205 (Minn.1978) (addressed appellate fees under §117.195; differs from §117.045 context)
- Johnson v. City of Shorewood, 531 N.W.2d 509 (Minn.1995) (mandamus to initiate inverse condemnation; fee on appeal debated)
- Vern Reynolds Construction, Inc. v. City of Champlin, 539 N.W.2d 614 (Minn.App.1995) (appeals fees discussed under §117.045)
- Lund v. Comm’r of Pub. Safety, 783 N.W.2d 142 (Minn.2010) (sovereign capacity limits costs)