United States Eighth Circuit

In a 42 U.S.C. section 1983 suit challenging a city's sign code, which arose from a denial of plaintiff's permit applications for four large billboards, a denial of attorney's fees for plaintiff after a preliminary injunction was entered in its favor is affirmed as the injunction did not materially alter the legal relationship between the parties, and thus, plaintiff was not a prevailing party under section 1988(b).

Appellate Information

• Decided 01/08/2008
• Published 01/08/2008

Judges

• MURPHY, Circuit Judge., Before MURPHY, HANSEN, and GRUENDER Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Edward A. Webb, argued, Atlanta, GA, for appellant.


• For Appellees:
  
• Paul D. Reuvers, argued, Bloomington, MN, Jason J. Kuboushek, on the brief, Bloomington, MN, for appellee.