Legal Opinion

Des Arc Bayou Watershed Improvement District v. Finch

Supreme Court of Arkansas

Decided December 22, 1980No. 80-240PublishedCited by 3 opinions

1Opinion of the Court

John F. Stroud, Justice.

The issue in this case is whether the landowner may recover attorneys’ fees, court costs and other expenses incurred by him in the defense of a condemnation action, when the condemnor elects to abandon the condemnation after the jury has determined damages. We esentially agree with the landowner that such a recovery is possible; however, there must be a finding of lack of good faith in such a situation and because the trial court made no such finding, the matter is remanded for further proceedings.

The Des Arc Bayou Watershed Improvement District was formally…

2Cases cited2 opinions

  1. Housing Authority v. AmslerSupreme Court of Arkansas · 1965
  2. Williams v. Little Rock Civil Service CommissionSupreme Court of Arkansas · 1979

3Cited by3 opinions

  1. Des Arc Watershed Improvement District v. FinchSupreme Court of Arkansas · 1982
  2. Vera Lee Weaver Living Trust v. City of Eureka SpringsCourt of Appeals of Arkansas · 1998
  3. Rick A. Blanchard, as Trustee of the Rick A. Blanchard Living Trust Agreement Dated August 18, 1989 v. City of Springdale, Arkansas, a Municipal Corporation Acting by and Through Its Water and Sewer CommissionCourt of Appeals of Arkansas · 2019

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