Wohl v. City of Missoula

¶28 The District Court erred in awarding the Landowners’ attorney’s fees for the prior appeal, and this Court errs in affirming that award. The parties already briefed, and we already considered and decided, the identical issue in the Landowners’ petition for rehearing in Wohl I.

¶29 Landowners’ petition for rehearing was limited to a single issue. They argued that the Court had overlooked their request for attorney’s fees and costs for the appeal and asked the Court to award both. The Ciiy opposed the petition and we denied it, stating;

[I]f the Court intends for attorney’s fees to be awarded…