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Nichols v. Main Street Homes Inc.

Trial court erred in not allowing the plaintiff's attorney to testify as to the reasonableness of his attorney fees.

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Bonnie and Norman Nichols sued Main Street Homes, Inc. for damage resulting from water run-off after Main Street developed a tract upstream from their home. At trial, the Nicholses were awarded $125,000 in compensatory damages and $54,075.32 in attorney fees and litigation costs. But the trial court partially granted Main Street’s motion for judgment notwithstanding the verdict, striking the award of attorney fees and costs. The Nichols appeal that ruling. Main Street filed a cross-appeal asserting that the trial court erred in denying its separate motion for new trial on the ground that the jury’s compensatory damage award was not supported by the evidence.

The record shows that the Nicholses operated a small organic produce farm on their property and had planned to use water from a stream that traversed the tract to irrigate their plants. Norman Nichols testified that he originally bought the property in 1984 because of the stream. The Nichols stream originated from a spring located on property acquired by Main Street in 1993.

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