Cited by

See, (rejecting a narrow reading of a statute awarding attorney fees in an eminent domain proceeding because “the purpose of that section is to assure that any landowner who is forced to take legal action against an acquiring authority is made whole”).

This rule “is designed to avoid the confusion and waste of time potentially arising from having the same issues before two courts at the same time.” 9 ().

Cf. Spaeth v. City of Plymouth , -826 (Minn. 1984) (concluding that district court had continuing jurisdiction to determine amount of attorney fees awarded to Spaeth after entry of judgment).

See, 822 (Minn. 1984) (determining that a constitutional taking had occurred and therefore that the district court properly issued “a writ of mandamus compelling the City to commence eminent domain proceedings”).

David N. Volkmann Constr., - 77 (Minn. App. 1988) ().

-25 (Minn. 1984) (holding that attorney fees are collateral); City of Waite Park v. Minn. Off.

This rule “is designed to avoid the confusion and waste of time potentially arising from having the same issues before two courts at the same time.” Spaeth v. City of Plymouth

are independent of the underlying decision and do not seek to modify the underlying decision in any way.” Id.; see Spaeth v. City of Plymouth , (providing that a claim for attorney fees s hould be treated as an issue independent of the merits of the litigation).

David N. Volkmann Const., Inc. v. Isaacs , –77 (Minn. App. 1988) (citing Spaeth v. City of Plymouth , d 815, 824 (Minn. 1984)).

2; see Spaeth v. City of Plymouth

d 140, 143 (Minn. App. 2003) (citing Spaeth v. City of Plymouth , ).

See, -26 (Minn. 1984) (concluding that district court retained jurisdiction over a c laim for attorney and expert fees because such a claim “should be treated as a matter independent of the merits of the litigation”); d 140, 143 (Minn. App. 2003) (concluding that the district court retained j

“[I]ntermittent flooding may, under some circumstances, constitute a taking.” Nolan & Nolan, d at 492 ().

This argument is unavailing, as caselaw provides that attorney-fee claims are “treated as a matter independent of the merits of the litigation.”

-23 (Minn.1984), noting that a literal reading of section 117.045 “would *613 mean that a landowner could recover costs and expenses when an acquiring authority fails to acquire enough property, but not when it fails to make any provision whatsoever for eminent domain proceedings.” We concluded that section 117.04

(holding that McShane does not apply when the government has physically appropriated property); (holding that McShane does not apply when the government commenced condemnation proceedings to acquire land within a runway Zone A rather than ena

See, (characterizing motions for attorney fee sanctions and costs and disbursements as collateral to the merits of the underlying litigation); (same).

courts have “continuing jurisdiction” to decide the amount of attorney fees, even after an appeal has been taken from a judgment on the merits, although the preferred course is for the district courts “to rule on such claims as soon as possible after entry of judgment on the merits or to not enter judgment on the merits until the fees issue has been finally resolved.” -26 (Minn.1984).

The rule “is designed to avoid the confusion and waste of time potentially arising from having the same issues before two courts at the same time.”

(quoting State v. Barnes, 249 Minn. 301, 302-03 , ) (concluding that “the jurisdiction of a trial court is suspended only to those matters necessarily involved in the appeal”).

-26 (Minn.1984) (holding claim for attorney and expert fees independent of merits of litigation).

“Pending a duly executed appeal, the jurisdiction of a trial court is suspended only to those matters necessarily involved in the appeal, not as to those matters which are independent of, or which are supplemental to, the appeal or collateral to the proceeding in which the appealed order or judgment was rendered.” (quoting State v. Barnes, 249 Minn. 301, 302-03 , ).