Legal Opinion

Heeren v. City of Jamestown, Ky.

District Court, W.D. Kentucky

Decided April 7, 1993No. C90-0160-BG(H)PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM OPINION

HEYBURN, District Judge.

This case comes before the Court on,Plaintiffs Application for attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. Plaintiff contends that he is entitled to attorneys’ fees from Defendant Department of Housing and Urban Development (“HUD”) because (1) HUD was not “substantially justified” in asserting that it delegated all of its environmental protection responsibilities to the City of Jamestown, Kentucky (“Jamestown”), and (2) Plaintiff did “prevail” against HUD in the underlying litigation.

The decision of Jamestown to build…

2Cases cited14 opinions

  1. Kentucky v. GrahamSupreme Court of the United States · 1985
  2. Pierce v. UnderwoodSupreme Court of the United States · 1988
  3. United States v. OrleansSupreme Court of the United States · 1976
  4. Logue v. United StatesSupreme Court of the United States · 1973
  5. Kali v. BowenCourt of Appeals for the Ninth Circuit · 1988

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3Cited by3 opinions

  1. Cullens v. GoberUnited States Court of Appeals for Veterans Claims · 2001
  2. Philip S. Heeren v. City Of JamestownCourt of Appeals for the Sixth Circuit · 1994
  3. Heeren v. City of JamestownCourt of Appeals for the Sixth Circuit · 1994

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