Legal Opinion
State Ex Rel. Division of Transportation v. Sure-Way Transportation, Inc.
Missouri Court of Appeals
Decided April 15, 1997No. WD 52186PublishedCited by 22 opinions
1Opinion of the Court
ULRICH, Chief Judge, Presiding Judge.
The Missouri Division of Transportation (“DOT”) appeals the trial court’s award of attorney’s fees and costs in favor of Sure-Way Transportation, Inc. (“Sure-Way”) granted under authority of section 536.087, RSMo 1994. The statute requires an award of reasonable attorney’s fees and expenses incurred by the non-governmental party in either a civil action or agency proceeding, unless the court or agency finds that the state’s position was “substantially justified or that special circumstances make the award unjust.” § 536.087.1. 1 DOT claims the trial court…
2Cases cited12 opinions
- Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
- Johnson v. Denton Construction Co.Supreme Court of Missouri · 1995
- Jones v. Director of RevenueSupreme Court of Missouri · 1992
- Delores Harmon, Individually and as of the Estate of Ralph Harmon, Appellee/cross-Appellant v. United States of America, Acting Through the Farmers Home Administration, United States Department of Agriculture Thomas A. Lloyd, Assistant U.S. Attorney Dallas Tonsager, State Director of the Farmers Home Administration, Appellants/cross-Appellees. Delores Harmon, Individually and as of the Estate of Ralph Harmon v. United States of America, Acting Through the Farmers Home Administration, United States Department of Agriculture Thomas A. Lloyd, Assistant U.S. Attorney Dallas Tonsager, State Director of the Farmers Home AdministrationCourt of Appeals for the Eighth Circuit · 1996
- Thoroughbred Ford, Inc. v. Ford Motor Co.Missouri Court of Appeals · 1995
7 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Greenbriar Hills Country Club v. Director of RevenueSupreme Court of Missouri · 2001
- Missouri National Education Ass'n v. Missouri State Board of EducationMissouri Court of Appeals · 2000
- Farmer v. South Dakota Department of Revenue & RegulationSouth Dakota Supreme Court · 2010
- Missouri Real Estate Appraisers Commission v. Mark A. FunkSupreme Court of Missouri · 2016
- Northern States Power Co. v. South Dakota Department of RevenueSouth Dakota Supreme Court · 1998
17 more not listed; retrieve them via the Exa API.