United States Fourth Circuit

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US v. 515 Granby, LLC, 12-2161

The district court’s denial of attorney's fees to defendant under the Equal Access to Justice Act (EAJA), after prevailing against the government on the issue of just compensation in a condemnation proceeding, is vacated and remanded, where: 1) the district court did not properly weigh the effect of the government's unreasonable pre-litigation position, particularly given the government's burden of proof; and 2) an unreasonable pre-litigation position will generally lead to an award of attorney's fees under the EAJA; and 3) if the government's pre-litigation position is unreasonable and its litigation position reasonable, as here, the government must then prove that the unreasonable position did not "force" the litigation or substantially alter the course of the litigation.

Appellate Information

  • Decided 11/20/2013
  • Published 11/20/2013

Judges

  • DUNCAN

Court

  • United States Fourth Circuit

Counsel

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