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Williston Basin Interstate Pipeline Co. v. Dolyniuk Family TR

United States District Court, D. North Dakota, Southwestern Division
Jun 27, 2005
Case No. A1-03-66 (D.N.D. Jun. 27, 2005)

Opinion

Case No. A1-03-66.

June 27, 2005


ORDER GRANTING DEFENDANTS' MOTIONS FOR FEES AND COSTS


Before the Court are Motions for Attorneys' Fees filed by defendant Edwin J. Wheeler and the defendants represented by Ronald A. Reichert (i.e., Arlys W. Hanson and Yvonne Hanson, Trustees of the Arlys W. and Yvonne Hanson Trust; Charles K. Kadrmas; Susan R. Kadrmas; Ryan C. Kadrmas; Corey Polensky; Linette Polensky; Edward Polensky a/k/a Edward J. Polensky; Mary Ann Polensky; Bryan Tomchuk; Christopher Tomchuk; Terrance John Tomchuk), (the "Reichert defendants"). These motion were filed on May 9, 2005, and June 15, 2005, respectively. Williston Basin has not responded to defendant Wheeler's motion. Williston Basin responded to defendant Reichert's motion on June 24, 2005.

I. BACKGROUND

On June 6, 2003, Williston Basin Interstate Pipeline Company ("Williston Basin") filed a condemnation action. The Defendants consisted of 27 landowners, trusts, and financial institutions with interest in 18 parcels of land, totaling 69.458 acres. On June 30, 2003, this Court granted Williston Basin the immediate use and possession of the land in question. The Court ordered that Williston Basin deposit with the Court the sum of $300,000.00 in cash or surety bond. Defendant Wheeler and the Reichert defendants eventually settled their claims with Williston Basin. On June 22, 2005, the Court entered Judgment.

II. LEGAL DISCUSSION

Section 32-15-32 of the North Dakota Century Code authorizes the court, in its discretion, to award a defendant reasonable attorneys fees for all judicial proceedings in an eminent domain action. City of Medora v. Golberg, 569 N.W.2d 257 (N.D. 1997). Section 32-15-32 of the North Dakota Century Code provides as follows:

The court may in its discretion award to the defendant reasonable actual or statutory costs or both, which may include interest from the time of taking except interest on the amount of a deposit which is available for withdrawal without prejudice to right of appeal, costs on appeal, and reasonable attorney's fees for all judicial proceedings.

N.D.C.C. § 32-15-32. In City of Bismarck v. Thom, 261 N.W.2d 640 (N.D. 1977), the North Dakota Supreme Court set forth the factors to be considered in determining what constitutes "reasonable attorney's fees."

[I]n determining a reasonable fee the trial judge must first determine the number of hours expended. Whenever possible his findings should be made upon contemporaneous records, and when such records are not available, then upon reasonable reconstruction or estimates of time amounts. The trial judge must then assign specific hourly rates based upon the attorney's experience and reputation which will constitute the "lodestar." The hourly rate can be adjusted upwards or downwards on the basis of objective evaluation of the complexity and novelty of the litigation and the corresponding degree of skills displayed by the attorney. The trial court or judge should also consider the character of the services rendered, the results which the attorney obtained, and the customary fee charged in the locality for such services, as well as the ability and skill of the attorney. The court should not rely on any single item in determining reasonable attorney fees. The number of hours spent in total and the rate per hour are the predominant factors in determining reasonable attorney fees.
Id. at 646.

Defendant Wheeler requested $8,280.00 (55.2 hours at $150.00 per hour) in attorney's fees. Wheeler has not requested compensation for any costs incurred in this litigation. The Reichert defendants requested $31,920.00 (212.80 hours at $150.00 per hour) and $1,823.30 in costs for a total of $33,743.30. Williston Basin contends that because the defendants ultimately settled for the same compensation as all the other landowners (with the exception of the State of Wyoming) it would be inappropriate to award costs and attorney's fees in this matter.

The Court may, in its discretion, grant the defendant landowners' requests for costs and attorney's fees pursuant to N.D.C.C. § 32-15-32. The Court has carefully reviewed the entire record and has carefully considered all of the factors used to determine whether costs and attorneys fees should be awarded, and if so, the reasonableness of such costs and fees. The Court is of the opinion that an award of costs and attorneys' fees is appropriate and warranted in this case. The Court finds both the hourly rate and the number of hours set forth in each motion are more than reasonable in light of the complexity of the litigation, the degree of skills displayed by each attorney, the character of the services rendered, the results which the attorney obtained, and the customary fee charged in the locality for such services. The Court, in its discretion, GRANTS the motions for attorneys' fees (Docket No. 86 97). The Court awards attorneys fees to defendant Wheeler in the amount of $8,280.00 and costs and attorney fees to the Reichert defendants in the amount of $33.743.30.

IT IS SO ORDERED.


Summaries of

Williston Basin Interstate Pipeline Co. v. Dolyniuk Family TR

United States District Court, D. North Dakota, Southwestern Division
Jun 27, 2005
Case No. A1-03-66 (D.N.D. Jun. 27, 2005)
Case details for

Williston Basin Interstate Pipeline Co. v. Dolyniuk Family TR

Case Details

Full title:Williston Basin Interstate Pipeline Company, Plaintiff, v. Dolyniuk Family…

Court:United States District Court, D. North Dakota, Southwestern Division

Date published: Jun 27, 2005

Citations

Case No. A1-03-66 (D.N.D. Jun. 27, 2005)