Israeloff, Mathis, Moses Win Retrial of Municipal Lawsuit
Nov 1, 2007 ⋅ Category: GTL
Sim Israeloff, Jason Mathis, and Steve Moses prevailed in the retrial of a claim involving access fees charged by the Firm's client, a municipality. The plaintiff landowner complained that it was entitled to access the municipality's airport property without paying an access fee enacted by city ordinance, and asked the court for a judgment declaring the fee void and awarding previously paid fees as damages. In the first trial, the court found that the plaintiff could access the airport property from one of its parcels, and that the entire fee was invalid, based upon an existing judgment invalidating the fee. This prior judgment was vacated, and as a result the trial court granted a partial new trial on the fee issue.
At the retrial, the Court found that the plaintiff's challenge to the access fees was without merit, and awarded the municipality its unpaid fees, as well as attorney fees.