June 15, 2012 â€“ State Response to OLG Request for fees
The AG enumerated seven (7) items, all of which he advocated to the court, must be proved in order for OLG to collect any fees for its legal services for fighting the State. Note that it is the State, not ODNR that initiated all the appeals after the OLG victory in the Trial Court of Common Pleas and the Lake County Appellate Court. The State also had us spend a year in Federal Court where the case was rejected and sent back to the trial Court. So the State continues to spend taxpayer money, which will be well in excess of any fees OLG might get.
The items to be proven as stated in their brief are:
- That there is a final judgment concluding this action
- That this is an action which fees may be recovered
- That OLG is an eligible party
- That OLG is the prevailing party
- That the State initiated this controversy
- That the position of the State is this matter was not substantially justified
- That there are no special circumstances in this case that would make the award unjust
Read the full brief, click here. State Response to OLG request for fees, etc. and cover letters. Note that the first dozen or more pages are cover letters including a brief to extend beyond the normal 10 page limit for this action. Move through them to the actual Brief in Opposition.