West Virginia Department of Transportation, Division of Highways v. Newton
238 W. Va. 615
| W. Va. | 2017Background
- Newton owns minerals reserved in deed; DOH acquired surface rights in 2004 and excavated limestone for Corridor H without contacting Newton; mandamus petition sought to compel condemnation to ascertain just compensation; circuit court awarded Newton fees for mandamus and condemnation; DOH argued no fee basis and that circuit court lacked factual findings on reasonableness; Court reverses final fee amount for lack of Pitrolo findings and remands for a proper hearing
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Newton is entitled to attorney’s fees under the Property Acquisition Act | Newton; entitled under act for inverse condemnation fees | DOH; argues no basis under act since action framed as condemnation | Fees awarded; inverse condemnation basis recognized but remanded for reasonableness review |
| Whether contingency fee contract governs the fee amount | Newton argues contract governs fees | DOH; contends contract controls full amount | Contingency contract not sole basis; Pitrolo factors control |
| Whether circuit court failed to make Pitrolo-based findings on reasonableness | Newton asserts proper Pitrolo review was omitted | DOH; argues sufficient compliance | Remanded for Pitrolo-based findings on reasonableness |
| Whether there was bad-faith conduct justifying fee awards | Newton—DOH acted in bad faith by ignoring mineral rights and discovery issues | DOH; no misconduct established | Evidence supports award for bad faith; remand for amount assessment |
Key Cases Cited
- Dodson Mobile Home Sales & Serv., Inc. v. W.Va. Dep’t of Transp., 218 W.Va. 121 (2005) (inverse condemnation fees under federal regulations when court renders judgment for owner)
- Sally-Mike Props. v. Yocum, 179 W.Va. 48 (1986) (test for reasonable attorney’s fees; costs awards in general)
- Pitrolo, Aetna Cas. & Sur. Co. v. Pitrolo, 342 S.E.2d 156 (1986) (factors for reasonable attorney’s fees)
- Cooper v. State ex rel. WV Dep’t of Nat. Resources, 162 S.E.2d 281 (1968) (joinder of all property interests in eminent domain)
- Heldreth v. Rahimian, 637 S.E.2d 359 (2006) (remand for fee findings to comport with Pitrolo)
- Shaffer v. WV Dep’t of Transp., Div. of Highways, 542 S.E.2d 836 (2000) (mandamus to compel condemnation; inverse condemnation discussed)
- Shaffer v. West Virginia Dep’t of Transp., Div. of Highways, 208 W.Va. 673 (2000) (condemnation/inverse condemnation principles)
- Rhodes v. West Virginia Dept. of Highways, 187 S.E.2d 218 (1972) (mandamus to compel condemnation after reasonable time)
- Cooper, State by Dep’t of Nat. Resources v. Cooper, 162 S.E.2d 281 (1968) (property interests must be joined in eminent domain)
- Bond v. Bond, 109 S.E.2d 16 (1959) (trial court abuses of discretion on costs and fees)