Ioup v. City of Benton
2017 Ark. App. 274
| Ark. Ct. App. | 2017Background
- The City of Benton filed a condemnation action under Ark. Code Ann. §§ 18-15-201 and 18-15-301 et seq. to acquire property owned by Joe and Pat Ioup for road expansion, depositing $188,700 into the court registry and taking immediate possession.
- A jury awarded the Ioups $225,000 as just compensation; judgment credited the $188,700 deposit and vested title in Benton.
- Pat Ioup (appealing; her husband died before record lodging) moved for costs ($8,229.94) and attorney’s fees ($39,318.76) under Ark. Code Ann. § 18-15-307(c), itemizing appraisal, copies, court reporter, expert fees, and other expenses.
- The trial court initially indicated it would award attorney’s fees but, after reconsideration, denied both attorney’s fees and all requested costs.
- On appeal, the Arkansas Court of Appeals followed controlling Arkansas Supreme Court precedent and addressed which items, if any, are recoverable under § 18-15-307(c).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether attorney’s fees are recoverable under Ark. Code Ann. § 18-15-307(c) | Ioup argued she was entitled to attorney’s fees as costs incident to the assessment under § 18-15-307(c) | Benton argued no statutory authority permits awarding attorneys’ fees against a municipality in condemnation | Denied — attorneys’ fees are not recoverable; no statutory authority to charge them as costs against a municipality (affirmed) |
| Whether expert-witness fees are recoverable as costs under § 18-15-307(c) | Ioup sought expert fees as costs occasioned by the assessment | Benton argued expert fees are not taxable absent statutory authority and are not ordinary litigation costs | Denied — expert-witness fees are not taxable as costs absent statutory authority (affirmed) |
| Whether the cost of an appraisal is recoverable under § 18-15-307(c) | Ioup sought appraisal cost ($3,900) as a cost occasioned by the assessment | Benton opposed taxing the appraisal cost as recoverable under the statute | Granted — appraisal cost is properly characterized as a cost occasioned by the assessment (reversed and remanded to award appraisal cost) |
| Whether other routine litigation costs (copies, color copies, court reporter, faxes, postage) are recoverable | Ioup sought various administrative/copying and reporter costs | Benton argued only statutory or ordinary taxable costs are recoverable and these items are not chargeable under § 18-15-307(c) | Denied — other requested costs were not recoverable under § 18-15-307(c) (affirmed) |
Key Cases Cited
- City of Benton v. Alcoa Road Storage, Inc., 2017 Ark. 78 (Ark. 2017) (holding attorneys’ fees and expert-witness fees are not recoverable as costs against a municipality in condemnation absent statutory authority)
- City of Benton v. Teeter, 2017 Ark. 80 (Ark. 2017) (same principle limiting recoverable costs in eminent-domain assessments)
- Brown v. City of Bryant, 2017 Ark. App. 239 (Ark. Ct. App. 2017) (Court of Appeals applying Alcoa Road Storage to allow appraisal cost but deny other costs and fees)