N.D. Dep’t of Transportation v. Schmitz

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The North Dakota Department of Transportation (the "DOT") took G. John Schmitz's property through an eminent domain quick-take action. The DOT deposited $973,380.00 with the Williams County Clerk of Court for the taking. Schmitz disputed the amount and timely served a notice of appeal. In September and October of 2014, the parties attempted unsuccessfully to reach a settlement. Jury trial was set for September 30, 2015. Schmitz had trouble locating expert witnesses and asked for a continuance. The parties stipulated to the continuance, and the court reset trial for January 24, 2017. Schmitz located three expert witnesses before trial: Scott Bechtle, an architect, provided Schmitz with hypothetical development concepts for the property; Robert Strachota, a Minneapolis-based appraiser, offered opinions of land value and severance damages; and Dan Leirness, a Fargo-based appraiser, offered an opinion of land values. After trial Schmitz requested $263,866.97 in attorney fees, $154,172.12 in expert fees and $17,224.31 in litigation costs for a total of $567,317.36. The DOT contested the fees and costs. The district court awarded $137,347.50 in attorney fees, $35,930.96 in expert fees and $8,027.38 in litigation costs for a total of $181,305.84. Schmitz appealed. The North Dakota Supreme Court affirmed in part, reversed in part, and remanded, finding the district court did not abuse its discretion in reducing Schmitz's attorney or expert fees, but abused its discretion in reducing and eliminating certain litigation costs. The judgment was reversed regarding those litigation costs, and the matter remanded for further proceedings. View "N.D. Dep't of Transportation v. Schmitz" on Justia Law