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Morris County Trust for Historic Preservation v. Pierce

ELR Citation: 14 ELR 20076
Nos. No. 82-5656, 730 F.2d 94/(3d Cir., 12/29/1983) Attorney fees awarded

The court construes §305 of the National Historic Preservation Act to allow an award of appellate attorney fees and costs. Although §305 refers to actions brought in federal district court, the court holds that the wording of §305 does not exclude, and Congress could not have logically intended to exclude, awards of appellate fees. The court holds that a court of appeals itself may make the award, but declines to award fees in the case before it until the moving parties provide more information on the services for which they seek compensation.

Counsel for Appellants
Peter R. Steenland Jr., Martin Green
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2748

Lorraine S. Gerson, Ass't U.S. Attorney
502 Fed. Bldg., 970 Broad St., Newark NJ 07102
(201) 645-2155

Counsel for Appellees
Mark L. First
Jamieson, McCardell, Moore, Peskin & Spicer
19 Chancery Lane, Trenton NJ 08618
(609) 396-5511