GLACIAL AGGREGATES LLC v. TOWN OF YORKSHIRE
CA 10-02317
| N.Y. App. Div. | Jun 10, 2011Background
- Plaintiff Glacial Aggregates LLC sued Town of Yorkshire under 42 U.S.C. § 1983 asserting a due process violation and mining rights; a jury awarded damages.
- This Court reversed a prior judgment, granted defendant’s directed-verdict on § 1983, and dismissed the claim; the Court of Appeals later found a vested mining right and remitted for consideration of remaining issues.
- Upon remittitur, this Court affirmed the judgment; plaintiff was deemed a prevailing party under § 1988.
- Plaintiff moved for attorneys’ fees under § 1988; motion filed about 2½ months after verdict and roughly two months after the trial court denied a motion to set aside the verdict.
- The judgment awarding fees was entered later, with the clerk filing the judgment for fees more than two years after the decision; the appeal process continued until shortly before judgment.
- The court held the fee award reasonable and not subject to reduction or abuse of discretion, and noted good cause for delay in filing the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| prevailing party under §1988 | Glacial Aggregates prevailed on §1983 claim | Yorkshire disputes prevailing-party status | Plaintiff is prevailing party under §1988 |
| timeliness of fee motion | Motion filed timely within applicable window | Timeliness as to fees questioned | Motion timely |
| timing of judgment for fees | Delay attributable to ongoing appeal process; good cause shown | Judgment filing delayed unreasonably | No bar to fees; good cause shown; no time-bar due to sum-certain judgment entered by clerk |
| discretionary review of fee amount | Fees reasonable and proper under §1988 | Fees should be reduced | Fees within trial court’s sound discretion; no abuse noted |
Key Cases Cited
- Glacial Aggregates LLC v. Town of Yorkshire, 57 A.D.3d 1362 (N.Y. App. Div. 2010) (vacated directed verdict; vesting of mining rights; remittitur context)
- Glacial Aggregates LLC v. Town of Yorkshire, 14 N.Y.3d 127 (N.Y. 2010) (Court of Appeals on vested mining rights)
- Glacial Aggregates LLC v. Town of Yorkshire, 72 A.D.3d 1644 (N.Y. App. Div. 2010) (affirmed judgment on remittitur)
- Felder v. Foster, 86 A.D.2d 766 (N.Y. App. Div. 1982) (timeliness and standards related to filings)
- Farkas v. Farkas, 11 N.Y.3d 300 (N.Y. 2008) (good-cause standards for late filings; appellate timing)
- Funk v. Barry, 89 N.Y.2d 364 (N.Y. 1997) (judgment entered by clerk; no time limit to file a sum-certain judgment)
- Matter of Johnson v. Blum, 58 N.Y.2d 454 (N.Y. 1983) (precedent on prevailing-party and fee-shifting principles)