Legal Opinion
In Re Clark's Estate. Brunstetter v. City of Miami
Court of Appeals for the Fifth Circuit
Decided April 3, 1951No. 13181_1PublishedCited by 5 opinions
1Opinion of the Court
STRUM, Circuit Judge.
The City of Miami, Florida, instituted a proceeding in eminent domain in the State Circuit Court for Dade County, to acquire a tract of land for park purposes. After the landowner had incurred expenses for attorney’s fees in preparing and filing his answer, in which he opposed the taking, the City voluntarily dismissed the proceeding. There was no actual physical appropriation of the lands, nor did title pass to the City. No attorney’s fees were allowed to the landowner in the State Court proceeding.
The landowner thereafter sited in the United States District Court to…
2Cases cited11 opinions
- Dohany v. RogersSupreme Court of the United States · 1930
- Kanakanui v. United StatesCourt of Appeals for the Ninth Circuit · 1917
- Gibson Properties Co. v. City of OaklandCalifornia Supreme Court · 1938
- Jacksonville Terminal Co. v. BlanshardSupreme Court of Florida · 1919
- St. Louis Brewing Ass'n v. City of St. LouisSupreme Court of Missouri · 1902
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3Cited by5 opinions
- Jacksonville Express. Auth. v. Henry G. Du Pree Co.Supreme Court of Florida · 1959
- Leadville Water Co. v. Parkville Water DistrictSupreme Court of Colorado · 1967
- De Soto County v. HighsmithSupreme Court of Florida · 1952
- 9.88 Acres of Land v. State Ex Rel. State Highway DepartmentSupreme Court of Delaware · 1971
- United States v. HarralsonDistrict Court, W.D. Kentucky · 1966