Wohl v. City of Missoula
Annotate this CasePlaintiffs were a group of landowners who owned properties abutting South Avenue in the City of Missoula. This lawsuit arose out of dispute between Plaintiffs and the City concerning the width of a public right-of-way constituting South Avenue. Following a bench trial, the district court determined that the right-of-way was sixty feet wide. Because the City's recent improvements to South Avenue extended beyond this sixty-foot parameter, the district court concluded that the City had effected a taking of property and awarded Plaintiffs compensation for the taking as well as their requested costs and attorney's fees. The Supreme Court affirmed the district court on all but two issues, holding that the district court (1) applied an incorrect measure of compensation; and (2) erroneously barred Plaintiffs' counsel from passing on to his clients the costs and fees incurred in proving underlying litigation expenses other than attorney's fees. Remanded.
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