Plaintiff Who "Prevails" When The Case Is Dismissed As Moot Is Not Entitled To A Fee Award After Buckhannon
WALKER v. CALUMET CITY (May 15, 2009)
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Calumet City passed an ordinance under which real property had to pass an inspection and be in compliance with city codes before it could be sold. Ayanna Walker sued the City. She alleged that the ordinance unreasonably restrained her ability to sell her property, that the ordinance violated procedural due process, and that the ordinance prevented her from selling her “non-conforming" property. While the complaint was pending, the property was inspected under a different city ordinance. Once the property was certified as in compliance, the City moved to dismiss the case as moot. The district court dismissed the case as moot and also awarded Walker her attorney fees. The City appeals the award of fees.
In their opinion, Judges Flaum, Manning and Rovner reversed. The Court recognized the prior rule that a court may award attorney fees if a defendant voluntarily provides the relief sought by the plaintiff. In Buckhannon, however, the Supreme Court held that courts may not award fees unless there is a "material alteration" in the relationship of the parties. The Supreme Court gave two examples: a) when the plaintiff has a judgment on the merits, and b) when the plaintiff obtains a consent decree from the court. The Court first noted that Walker's case did not fit within the "judgment on the merits" prong of Buckhannon. With respect to the second prong, the Court, citing its own precedent, concluded that it may allow an award in the case of a settlement agreement if: a) it was mandatory, b) it was captioned "Order", c) it was signed by a judge, and d) it provided for judicial enforcement. Although Walker attempted to fit her award into this framework, she failed to do so and was not entitled to a fee award.
