High v. Kuhn

In a preceding case involving these parties, the Mississippi Supreme Court reversed the judgment of the special court of eminent domain, specifically finding plaintiffs Todd and Angela Kuhn were not entitled to condemn Cheryl High’s property for a private road. The statutory procedures governing eminent-domain actions permit a defendant like High to recover expenses, including attorney’s fees, when “the judgment be that the plaintiff is not entitled to a judgment condemning property[.]” Following the Court's mandate, High moved the special court for attorney's fees and expenses under Miss. Code Ann. 11-27-37 (Rev. 2004). The special court held Section 11-27-37 did not apply and denied High’s request. High again appealed to the Supreme Court. And once again, the Court reversed and remanded: the Kuhns clearly invoked the statutory procedures of the special court of eminent domain when they petitioned that court for the statutory right to condemn High’s property for a private road. Thus, Section 11-27-37 applied. Because the award of fees and expenses under Section 11-27-37 is discretionary, not mandatory, the case was remanded back to the special court of eminent domain to consider the merits of High’s motion and the reasonableness of her request for $25,990.58 in attorney’s fees and expenses, plus interest. View "High v. Kuhn" on Justia Law