St. John's Organic Farm v. Gem Cty. Mosquito Abatement Dist., No. 07-35797

In an action claiming unlawful discharge of pesticides into U.S. waters, denial of plaintiff's application for attorney's fees is reversed where plaintiff was a prevailing party because the settlement agreement at issue effected a material alteration in the legal relationship between the parties.

Read St. John's Organic Farm v. Gem Cty. Mosquito Abatement Dist., No. 07-35797

Appellate Information

Argued and Submitted March 10, 2009

Filed July 16, 2009

Judges

Opinion by Judge Fletcher

Concurrence by Judge Tallman

Counsel

For Appellants:

William M. Eddie, Field Jerger, LLP, Portland, OR

For Appellee:

Susan E. Buxton, Moore Smith Buxton & Turcke, Boise, ID

Murray D. Feldman, Holland & Hart, LLP, Boise, ID