Morton County Board of Park Commissioners v. Wetsch

TEIGEN, Chief Justice.

This is the second appeal in this case. On the first appeal (same title, reported in 136 N.W.2d 158), we rejected an award of attorney’s fees to the condemnees where it was based on a contingent fee contract for the reason that the award was improper in the absence of a finding that such fee was in fact reasonable as required by Section 32-15-32, N.D.C.C. We remanded the case to the district court for th.e fixing of reasonable attorney’s fee in conformity with the statute and our opinion.

On remittitur, counsel for the defendants moved the district court for the…