State v. Krause

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In this condemnation case, the Supreme Court affirmed the decision of the court of appeals reversing the district court’s award of $168,009 in attorney fees to the landowner under the condemnation fee-shifting statute, Minn. stat. 117.031(a), holding that the district court misinterpreted and misapplied the Court’s lodestar precedent. Using the lodestar method, the district court awarded the landowner the amount that he requested. The court of appeals reversed the award because the district court failed to begin its calculation with the presumptive lodestar amount of $34,133 and because the district court did not sufficiently explain why enhancing the presumptive lodestar amount by more than $130,000 would represent a reasonable fee. The Supreme Court affirmed, holding (1) under current Supreme Court law, an enhancement based on a contingent fee agreement is improper; and (2) the district court incorrectly applied the law and did not make adequate factual findings to support its enhanced attorney-fee award. View "State v. Krause" on Justia Law