Rouse v. Iowa Dept. of Transp., 86-1138
| Decision Date | 22 July 1987 |
| Docket Number | No. 86-1138,86-1138 |
| Parties | John E. ROUSE and Beth J. Rouse, Appellees, v. IOWA DEPARTMENT OF TRANSPORTATION, Appellant, National Bank & Trust Company; County of Lucas, Iowa; and Treasurer of Lucas County, Iowa, Defendants. |
| Court | Iowa Supreme Court |
Thomas J. Miller, Atty. Gen., and David A. Ferree and Mark Hunacek, Asst. Attys. Gen., for appellant.
William L. Shelton and Richard L. Ambelang, Chariton, for appellees.
Considered by McGIVERIN, P.J., and SCHULTZ, CARTER, WOLLE, and NEUMAN, JJ.
The defendant, Iowa Department of Transportation, appeals from the district court's order awarding attorney fees to plaintiffs, John E. Rouse and Beth J. Rouse, condemnees in an eminent domain proceeding. The condemning authority contends that the district court had an inadequate record on which to base its attorney fee award. We agree with that contention, reverse the district court's order and remand the matter to that court for an evidentiary hearing on the condemnees' claim for attorney fees.
In early 1984, the condemnor initiated proceedings to condemn certain real estate owned by plaintiffs. On April 3, 1984, the Lucas County Compensation Commission determined that $1000 was just compensation for the taking of plaintiffs' property pursuant to Iowa Code section 472.14 (1983). Plaintiffs appealed that award to the district court, requesting $30,000 as just compensation for the taking. On May 30, 1986, following a two-day trial, the jury returned a verdict fixing plaintiffs' compensation for the taking at $4000.
On June 4, 1986, the plaintiffs filed an application for costs and attorney fees in which they requested that the trial court assess $10,198.50 in attorney fees and $1091.00 in expert witness fees. A statement submitted along with the application briefly described the professional services rendered. The application was verified by one of plaintiffs' attorneys and contained a recitation that the amount claimed for attorney fees was fair and reasonable for the services performed. Neither the verified application nor the attached statement indicates the amount of time spent on the appeal or the hourly rate involved. The statement only describes the nature of the legal services performed each month, followed by a total charge for that month.
The condemnor's resistance to plaintiffs' application asserted that the claim, as submitted, was inadequately documented and excessive. The district court, without holding any hearing on the claim, entered an order fixing expert witness fees of $150 and awarding attorney fees of $7000. The amount allowed for expert witness fees is not involved on this appeal.
The condemnor contends that an evidentiary hearing was required for a proper determination of the attorney fee claim. It contends that plaintiffs should have been required to make an evidentiary showing as to the reasonableness of the amounts claimed. Plaintiffs respond by arguing that we have approved the determination of attorney fee claims in eminent domain cases solely on affidavit. Plaintiffs rely on Nelson v. Iowa State...
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Sunrise Development Co. v. Iowa Dept. of Transp., 94-1861
...Evidentiary hearings are required if sketchy itemization accompanies the claim filed in the district court. Rouse v. Iowa Dep't of Transp., 408 N.W.2d 767, 768 (Iowa 1987). A claim for fees in condemnation cases, as in all fee allowance claims, requires appropriate documentation to enable t......
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Ayala v. Center Line, Inc., 86-1132
...cases make it clear that an evidentiary hearing on what constitutes reasonable attorney fees must be held. See Rouse v. Iowa Dep't of Transp. 408 N.W.2d 767 (Iowa 1987); Maday, 324 N.W.2d at 470; First Northwestern Nat'l Bank v. Crouch, 287 N.W.2d 151, 154 (Iowa 1980). To the extent that pl......