Joseph B. Doerr Trust v. Cent. Fla. Expressway Auth.

Landowners rejected a condemning authority’s (the Authority) presuit written offer to purchase a parcel of their land. The Authority subsequently filed an action to condemn the property. After a jury determined the fair market value of the land, Landowners moved for attorney’s fees. The trial court awarded fees under Fla. Rev. Stat. 73.092(2). The Court of Appeal reversed, concluding that the attorney’s fees for the valuation proceedings were limited to those allowed by section 73.092(1). On remand, the trial court found that the Authority had caused excessive litigation and held that section 73.092(1) was unconstitutional as applied under the facts of this case because it operated to deny Landowners their right to full compensation. It then determined that the original fee award remained valid. The Court of Appeal again reversed on appeal. The Supreme Court quashed the decision of the Fifth District, holding (1) when a condemning authority engages in tactics that cause excessive litigation, section 73.092(2) shall be used separately and additionally to calculate a reasonable attorney’s fee for the hours attributable to defending against the excessive litigation; and (2) this will result in an amount that must be added to the remainder of the fee calculated utilizing the benefits achieved formula delineated in section 73.092(1). Remanded. View "Joseph B. Doerr Trust v. Cent. Fla. Expressway Auth." on Justia Law