Corporation of Harpers Ferry v. Taylor

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Appellant Harpers Ferry appealed a circuit court order in favor of Appellee Ralph Taylor. Mr. Taylor asked the City for permission to create a path along a street so that a truck he used could access his property. At the time of Mr. Taylor's request, City Councilman Robert DuBose lived near the proposed path. The City approved Mr. Taylor's request on the condition that he got an authorization from the Mayor. Mr. DuBose abstained from voting on the request, but he participated in all discussions. Two days after the City approved Mr. Taylor's request, Mr. DuBose sent emails complaining about the request. In response, the Mayor imposed additional conditions to the request. Council held a special meeting for the sole purpose of discussing Mr. Taylor's project. At the meeting, Council added more conditions. Mr. Taylor filed a declaratory judgment against the City, arguing that the additional conditions were discriminatory. Mr. Taylor won the case, and the court awarded him attorney's fees. The City argued to the Supreme Court on appeal that Mr. Taylor was not entitled to attorney's fees. After careful review of the briefs, the record submitted on appeal and the oral arguments of the parties, the Supreme Court affirmed the lower court's decision.