ATTORNEYS' FEES - DELAWARE

In re Delaware Public Schools Litigation

Supreme Court of Delaware - January 30, 2024 - A.3d - 2024 WL 332738

Non-profit organizations brought actions for declaratory and injunctive relief against county officials responsible for property tax collection, seeking increased funding for state’s public schools.

After trial on the merits, the Court of Chancery concluded that officials used methodologies in preparing property tax assessments that violated state’s True Value Statute and state Constitution’s Uniformity Clause, and at remedial phase, parties reached settlement, pursuant to which a general property tax reassessment would be conducted.

Organizations moved for award of attorneys’ fees and expenses. The Court of Chancery determined that organizations were entitled to attorneys’ fees under common benefit doctrine, as exception to American Rule that litigants bear their own cost of being represented by counsel, and later awarded organizations $1,476,001.88 in attorneys’ fees and $73,470.02 in uncontested expenses. County officials appealed.

The Supreme Court held that:



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