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U.S. v. 515 GRANBY, LLC

No. 12-2161.

736 F.3d 309 (2013)

United States of America, Plaintiff-Appellee, v. 515 GRANBY, LLC; Marathon Development Group, Incorporated, Defendants-Appellants, and 1.604 Acres of Land, more or less, situate in the City of Norfolk, Commonwealth of Virginia, Defendant, Skyline Steel, LLC, Claimant.

United States Court of Appeals, Fourth Circuit.

Decided: November 20, 2013.

Attorney(s) appearing for the Case

ARGUED: William Walter Wilkins , Nexsen Pruet, Greenville, South Carolina, for Appellants. Joan M. Pepin , United States Department of justice, Washington, D.C., for Appellee.

ON BRIEF: Kirsten E. Small , Andrew Mathias , Nexsen Pruet, LLC, Greenville, South Carolina, for Appellants 515 Granby, LLC and Marathon Development Group, Inc. John C. Lynch , Ethan G. Ostroff , Troutman Sanders LLP, Virginia Beach, Virginia, for Appellant Marathon Development Group, Inc. Joseph T. Waldo , Stephen J. Clarke , Brian G. Kunze , Waldo and Lyle, P.C., Norfolk, Virginia, for Appellant 515 Granby, LLC. Kris E. Durmer , General Counsel, Julie A. Holvik , Assistant Regional Counsel, General Services Administration, Philadelphia, Pennsylvania; Ignacia S. Moreno , Assistant Attorney General, John E. Arbab , Georgia Garthwaite , Kristin R. Muenzen , Environment & Natural Resources Division, United States Department of Justice, Washington, D.C. for Appellee.

Vacated and remanded with instructions by published opinion. Judge DUNCAN wrote the opinion, in which Judge THACKER and Judge GROH joined.

DUNCAN, Circuit Judge:

Appellants 515 Granby, LLC ("Granby") and Marathon Development Group, Inc. ("Marathon") appeal the district court's denial of attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412, after prevailing against the United States on the issue of just compensation in a condemnation proceeding. The EAJA provides that a party who prevails in litigation against the United States...

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