NORWOOD - A Hamilton County judge ruled Friday that the Institute
for Justice is entitled to be compensated for attorney fees and expenses
connected with its work in the Norwood
eminent domain case.
The Institute, a
civil-liberties law firm in Washington,
represented for free several property owners who fought Norwood's seizure of their property by eminent
domain.
Norwood wanted the
property so that a developer could build a $125 million office-retail-condo
development called the Rookwood Exchange on 11 acres
at Edwards and Edmondson roads. Last July, the Ohio
Supreme Court ruled against Norwood
and the developer and ordered the property returned to its previous owners.
The Institute for
Justice has asked for more than $850,000 in attorney fees and expenses.
Attorneys for the Rookwood Partners, the developer of the proposed Rookwood Exchange, argued that Ohio law doesn't permit compensation for
attorney fees when no fees were charged.
But Common Pleas
Judge Beth Myers ruled that Ohio
law permits nonprofit agencies that represent property owners in eminent-domain
cases to be compensated. She cited numerous previous court decisions that
supported the institute's position.
"We are
pleased with Judge Myers' ruling," said Scott Bullock, attorney for the
Institute for Justice. "We think she got the law exactly right."
Tim Burke,
attorney for Norwood who also was speaking for Rookwood
Partners, said Myers' decision likely will be appealed to the Ohio First
District Court of Appeals. He said a final decision about whether to appeal
won't be made until all the unresolved issues in the case are settled.
These issues
include:
The amount of
compensation the institute should receive for attorney fees and expenses.
Who's responsible
for paying for damages that occurred to the holdout property owners' three
houses while Norwood
and the Rookwood Partners controlled them.
How much of the $1
million set aside in property valuation deposits controlled by the court must
be returned to Rookwood Partners.
Who will pay to
restore utilities for the three properties still standing on the land.
If Myers' ruling
stands, attorneys for Rookwood Partners have said
that Rookwood Partners, not Norwood, would have to pay the institute.