By Dave Thompson
Bismarck, ND – The attorney for a Fargo man who fought Cass County about the demolition of two buildings on the county courthouse grounds says he wants the state Supreme Court to send a message to governments and attorneys about attorneys fees.
Robert Harms represents John Strand. Strand had asked for a restraining order to stop Cass County from tearing down the two buildings. Cass County responded, calling the action "frivolous" -- and sought damages and attorneys fees from Strand. Strand subsequently filed a civil rights action -- and then he asked for attorneys' fees. A district judge denied that claim.
Harms told the court Strand is entitled to attorneys fees based on the civil rights suit.
"This Court should send a message to elected officials, to attorneys and to citizens," said Harms. "We cannot have the government threatening, brandishing the threat of attorneys fees without any consequence for having done so."
Fargo attorney Todd Haggart represents Cass County. He argued Strand could have asked the court to throw out Cass County's petition for attorneys fees.
"They could have asked the court, 'We think this is an impertinent or improper allegation -- strike it, your honor," said Haggart. "They didn't do that. And I submit they didn't do that because they figured, 'Well, this will give us a basis -- we can bootstrap our way into a civil rights claim, and we can punish the county that way."
The Supreme Court has taken the case under advisement.