Legal Opinion
United States v. 313.34 Acres of Land, More or Less, Situated in Jefferson County, State of Washington, and Gary Smith Janice Smith
Court of Appeals for the Ninth Circuit
Decided November 8, 1989No. 88-3679PublishedCited by 5 opinions
1Opinion of the Court
GOODWIN, Chief Judge:
The government appeals an award, under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A) (Supp. V 1987), of attorney and expert witness fees to the landowners in this action to condemn a large rock in Puget Sound which had become the site of a number of private homes. We affirm the award of fees, but remand for reconsideration of the amount awarded.
Gary and Janice Smith (“the Smiths”) owned tract 2001 on Protection Island in Washington. The Smiths had purchased the tract in 1972 for $3800. The United States filed a complaint in condemnation on April 11,…
2Cases cited15 opinions
- Blum v. StensonSupreme Court of the United States · 1984
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- United States & Interstate Commerce Commission v. American Railway Express Co.Supreme Court of the United States · 1924
- United States v. 1,378.65 Acres of Land, More or Less, Situate in Vernon County, State of Missouri, and Laurance PhisterCourt of Appeals for the Eighth Circuit · 1986
- Jose Ramon-Sepulveda v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 1988
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3Cited by5 opinions
- United States v. 313.34 Acres of Land, More or Less, Situated in Jefferson County, State of Washington, and Gary Smith Janice SmithCourt of Appeals for the Ninth Circuit · 1990
- Moongate Water Co., Inc. v. City of Las CrucesNew Mexico Court of Appeals · 2014
- United States v. 68.94 Acres of Land, More or Less, Situate in Kent CountyDistrict Court, D. Delaware · 1990
- Huffman v. CommissionerUnited States Tax Court · 1991
- Moongate Water Co., Inc. v. City of Las CrucesNew Mexico Court of Appeals · 2014