Hereford v. City of Linden

JONES, Justice.

The plaintiffs appeal from the trial court’s denial of their claim, pursuant to 42 U.S.C. § 1988, for attorney fees as the “prevailing parties litigant” in the original litigation that resulted in the plaintiffs’ obtaining injunctive relief against the City of Linden, Alabama.

The plaintiffs, landowners in Marengo County, Alabama, sued the City of Linden, the Alabama Department of Environmental Management (“ADEM”), and Leigh Pe-gues, director of ADEM, seeking an injunction 1) against the City's proceeding with a planned water well project on land adjacent or near to the…