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Rogers Group, Inc v. City of Fayetteville, Arkansas

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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 Following this court’s affirmance, the City advised the district court that it repealed the ordinance “to preserve the viability of the Rock Quarry Operating License within Fayetteville’s city limits and to avoid litigation expense.”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.

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