Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Rogers Group, Inc v. City of Fayetteville, Arkansas

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Submitted: February 8, 2012

Before SMITH, BENTON, and SHEPHERD, Circuit Judges.

“Rogers Group, Inc. (‘Rogers Group’) brought suit in district court against the *fn1 City of Fayetteville, Arkansas, (‘the City’) seeking to prevent the enforcement of the City’s ordinance regulating rock quarries in or near the City’s corporate limits.” Rogers Group, Inc. v. City of Fayetteville, Ark., 629 F.3d 784, 785 (8th Cir. 2010). The district court granted Rogers Group’s motion “for a preliminary injunction to enjoin the ordinance prior to its enforcement date,” and this court affirmed. Id. Following this court’s affirmance, the City advised the district court that it repealed the ordinance “to preserve the viability of the Rock Quarry Operating License within Fayetteville’s city limits and to avoid litigation expense.” Rogers Group then moved for attorneys’ fees and costs, arguing that it was a prevailing party. The district court granted the motion, concluding that Rogers Group was “entitled to a fee award under [42 U.S.C.] § 1988 even though the [c]court never reached the constitutional claims because the allegations in the complaint raised a substantial constitutional claim sufficient to confer jurisdiction, which is sufficient to support an award of fees under § 1988.” The City appeals, arguing that Rogers Group is not a “prevailing party” entitled to an award of attorneys’ fees pursuant to § 1988. We affirm.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Paralegal/Legal Assistant

Eichen Crutchlow Zaslow LLP is a highly regarded legal firm based in Edison, New Jersey. The firm specializes in medical malpractice and per...


Apply Now ›
Associate Professor or Professor of Law

The George Washington University Law School invites applications for multiple tenure-track or tenured faculty appointments, at the rank of A...


Apply Now ›
Employment Attorneys Senior Counsel - Los Angeles, Ventura, California

Gordon Rees Scully Mansukhani has an immediate opening for experienced Employment Attorneys in its Los Angeles and Ventura offices. Candida...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements