Rogers Group, Inc. v. City of Fayetteville, Arkansas
2012 U.S. App. LEXIS 13662
| 8th Cir. | 2012Background
- Rogers Group operates a limestone quarry near Fayetteville, Arkansas, outside the city but within one mile of its limits.
- The City enacted an ordinance licensing/regulating quarries, restricting hours/noise, blasting, and road safeguards.
- Rogers Group sued in federal court seeking declaration that the City lacked authority to regulate the Quarry and an injunction against enforcement.
- The district court granted a preliminary injunction; the City later repealed the challenged provisions and amended the ordinance.
- Rogers Group sought attorneys’ fees under §1988 after the case was dismissed as moot; the district court awarded fees.
- Appellate disposition affirmed that Rogers Group was a prevailing party entitled to fees under §1988 despite not ruling on the federal claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rogers Group is a prevailing party under §1988 | Rogers Group prevailed via a court-ordered injunction. | City contends no ultimate favorable adjudication after mootness. | Yes, Rogers Group prevailed under §1988. |
| Whether fee award was proper when §1983 claims were not adjudicated | Fees justified due to substantial federal claims and common nucleus of facts. | Fees improper if no federal merits adjudicated. | Fees awarded even though §1983 claims were not decided. |
| Whether Buckhannon and related standards apply to this preliminary injunction case | Preliminary injunction can create prevailing-party status. | Buckhannon requires final relief on merits for prevailing status. | Preliminary injunction here supplied judicial relief and altered the legal relationship, supporting prevailing status. |
Key Cases Cited
- Buckhannon Bd. & Care Home, Inc. v. W. Va. Dep't of Health & Human Res., 532 U.S. 598 (U.S. Supreme Court, 2001) (prevailing party requires a judicially sanctioned alteration in the legal relationship)
- Sole v. Wyner, 551 U.S. 74 (U.S. Supreme Court, 2007) (preliminary injunction alone may not confer prevailing-party status if merits aren’t resolved in plaintiff's favor)
- Planned Parenthood of Hous. & S. E. Tex. v. Sanchez, 480 F.3d 734 (5th Cir. 2007) (fee award possible when §1983 claim substantial and related to non-fee claim)
- Kimbrough v. Ark. Activities Ass'n, 574 F.2d 423 (8th Cir. 1978) (district court may award fees when non-fee claim supports jurisdiction and is tied to federal claims)
- United Mine Workers of Am. v. Gibbs, 383 U.S. 715 (U.S. Supreme Court, 1966) (claims must arise from a common nucleus of operative fact to support pendent jurisdiction)
- North Cheyenne Tribe v. Jackson, 433 F.3d 1083 (8th Cir. 2006) ( Buckhannon-like analysis on whether preliminary relief can confer prevailing-party status)