Appeals court rejects attorney fees in Saxony Lutheran case

Editor's note: This story has been changed to include correct information regarding Saxony Lutheran's case with Heartland Materials LLC.

A Missouri appeals court has decided Saxony Lutheran High School is not entitled to attorney's fees and expenses after a judgment in favor of the school in a case involving a mining permit requested in the area.

The school and Save Our Children's Health Inc. had been awarded the fees in its case before the Missouri Department of Natural Resources Land Reclamation Commission.

In October 2010, Heartland Materials LLC submitted a limestone mining permit application to the commission.

Saxony and Save Our Children's Health took several steps to try to prevent the permit from being issued.

At a March 2011 trial court, they presented evidence to show locating a mine near the school would be detrimental to people's health and well being.

The trial court entered a summary judgment in favor of Saxony and Save Our Children's Health and directed the commission to conduct a public hearing as required by statute.

Before the formal public hearing could be held, the parties came to a settlement agreement and jointly filed for dismissal.

In October 2013, Saxony and Save Our Children's Health filed an application in circuit court seeking attorney's fees and expenses relating to all proceedings before the commission, trial court and first appeal.

A Cole County court awarded the fees in July 2014.

In its appeal, the state argued the award of attorney's fees and a miscalculation of the amount of attorney's hours and rates.

The appeals court reversed the award of fees and "therefore (did) not reach the alleged error as to the calculation of the award," the court's opinion read.

The court Tuesday reversed the decision the school and Save Our Children's Health be awarded attorney fees and expenses "because the proceeding before the commission was not an 'adversary proceeding in a contested case' and the state was never a party to the agency proceeding," the court's opinion stated.