Corporation of Harpers Ferry v. Taylor

Summary

The Supreme Court of Appeals of West Virginia affirmed an order denying the Corporation of Harpers Ferry's motion to alter or amend an award of attorney's fees and costs to Ralph Taylor. The court held that the evidence supported the fee award based on the City's prelitigation conduct and that the City waived its right to an evidentiary hearing by failing to timely request one. The court also concluded that the City's challenge to costs was waived.

Holdings

1. The circuit court did not abuse its discretion in awarding Taylor attorney's fees because the City's prelitigation conduct was vexatious, oppressive, and unjustifiable, including the imposition of escalating conditions without legal authority and the failure to provide an impartial hearing.
2. The City was not entitled to relief based on the absence of an evidentiary hearing because it had notice that the fee motion would be decided on the pleadings and record and had an opportunity to participate in the fee proceedings.
3. The City waived its right to request an evidentiary hearing by failing to request one before the circuit court entered judgment awarding attorney's fees and raising the issue for the first time in its Rule 59(e) motion.

Questions Presented

1. Whether the evidence supported an award of attorney's fees based on the City's prelitigation conduct.
2. Whether the City was entitled to an evidentiary hearing before the circuit court ruled on Taylor's request for attorney's fees.
3. Whether the City waived its right to request an evidentiary hearing by failing to make a timely request before the fee award.

Disposition

affirmed