Liddell Ex Rel. Liddell v. Board of Education

HEANEY, Circuit Judge.

The State of Missouri appeals an order to reimburse the Board of Education of the City of St. Louis (the Board) for attorneys’ fees and expenses. Prior to the order, the district court had rejected a previous request by the Board for attorneys’ fees and expenses. That request was based on a claim that the Board was entitled to the fees as a prevailing party. The Board appealed that order. While the case was pending before this court, the Board made a second request for the same fees and expenses based on a theory that the fees were part of site acquisition costs. We hold…