Johnson v. Danneman

547 A.2d 981, 1988 D.C. App. LEXIS 167, 1988 WL 103107
CourtDistrict of Columbia Court of Appeals
DecidedSeptember 21, 1988
DocketNo. 87-110
StatusPublished
Cited by1 cases

This text of 547 A.2d 981 (Johnson v. Danneman) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Danneman, 547 A.2d 981, 1988 D.C. App. LEXIS 167, 1988 WL 103107 (D.C. 1988).

Opinion

TERRY, Associate Judge:

This is an appeal from an order of the Superior Court denying appellants’ request for attorney’s fees and costs under D.C. Code § 1-1320(e)(3) (1987). Appellants, Robert Johnson and the Bottle Bill Initiative Campaign, successfully intervened on the side of the District of Columbia Board of Elections and Ethics (“the Board”) in an action brought by appellee Sidney Danne-man challenging the Board’s summary statement and short title of a proposed initiative. If approved by the voters of the District of Columbia, the initiative would have required deposits on all containers of soft drinks, beer, and wine coolers sold in the District. Appellants argue that they are eligible for an award of fees from either Danneman or the Board, because they proposed the initiative and because section 1-1320(e)(3) expressly provides for [982]*982a fee award to proposers who successfully defend challenges to initiative formulations in the Superior Court. We read the statute more narrowly. We conclude that section 1-1320(e)(3) does not authorize a fee award to proposers who intervene in defense of proposed initiative language. Thus we hold that, in the absence of statutory authority, appellants may not recover attorney’s fees from either Danneman or the Board.

I

On June 12, 1986, appellant Johnson, a registered voter in the District of Columbia, on his own behalf and on behalf of the Bottle Bill Initiative Campaign, filed with the Board a proposed initiative to enact a bottle deposit and refund law.1 At a hearing in early July, the Board ruled that Johnson’s proposal was a proper subject for an initiative. See D.C. Code § 1-1320(b)(1) (1987). The Board then numbered the measure “Initiative 28,” formulated a short title for it, “The Beverage Container Refund Act of 1986,” and prepared a summary statement of its contents pursuant to D.C. Code § 1-1320(c) (1987).

Soon thereafter the Board held a public hearing to decide whether to adopt formally the short title, summary statement, and legislative form for Initiative 28. Attorneys for the Clean Capital City Committee, a political committee supported by members of the beverage industry, were present at the hearing and offered several objections to the wording of the proposed statement. The Board considered these objections and modified the language slightly. At the close of the hearing, the Board approved the modified summary statement and short title as “true and impartial” in compliance with D.C. Code §§ 1-1320(c)(l) and 1-286 (1987).

Appellee Danneman, a registered voter, filed a timely petition for review in the Superior Court under D.C. Code § 1 — 1320(e)(1) (1987).2 The petition named the Board as respondent and challenged the Board’s formulation of the summary statement and short title. Specifically, Danneman argued that the statement and title should include the word “mandatory” to inform the voters of the burdens which the initiative would place on retailers; that the statement did not include the fact that violation of the initiative, once it became law, would be a misdemeanor; that the use of the terms “redemption services” and “redemption center” was confusing; and that the short title did not disclose that the measure also banned the sale of beverage cans with detachable pull tabs.

The proposers of the initiative (appellants) filed a motion to intervene on the side of the Board and a motion to expedite the case. Danneman opposed only the second motion, and the Board opposed neither. Both motions were granted. Appellants also moved for summary judgment with respect to the changes sought by Danne-man. Meanwhile, in response to Danne-man’s petition, the Board reformulated its short title and summary statement to meet some of his objections. The parties also worked out an agreement to revise two [983]*983paragraphs of the Board’s rewritten summary statement.

Danneman, however, continued to contest the Board’s statement and title, particularly urging that the word “mandatory” be included in both. He filed a cross-mo-tipn for summary judgment, to which appellants responded, defending the Board’s reformulated short title and summary statement against Danneman’s challenges. Appellants also sought minor modifications of the short title (the removal of one word) and the summary statement (the replacement of one word with another). The Board did not file its own motion for summary judgment or any memorandum in support of any of the motions that had been filed, taking the position that it was and must remain an impartial arbiter in the dispute. The trial court, after a hearing, granted summary judgment to appellants on condition that they withdraw their proposed changes (which they did), denied Danneman’s motion for summary judgment, and dismissed his petition for review.

About six weeks later, appellants filed a motion for $11,625.25 in attorney’s fees and $252.17 in costs under D.C. Code § 1-1320(e)(3) (1987).3 They specifically asked that either Danneman or the Board, or both, be ordered to pay these amounts. Both Danneman and the Board opposed the motion, and the court denied it without explanation in a one-sentence order. This appeal followed.4

II

“The general, or American rule, is that in the absence of statutory authority the prevailing party may not recover attorney’s fees.” Andrews v. District of Columbia, 443 A.2d 566, 568 (D.C.) (citations omitted), cert. denied, 459 U.S. 909, 103 S.Ct. 216, 74 L.Ed.2d 172 (1982); accord, Alyeska Pipeline Service Co. v. Wilderness Society, 421 U.S. 240, 245, 95 S.Ct. 1612, 1615, 44 L.Ed.2d 141 (1975); In re Antioch University, 482 A.2d 133, 135-136 (D.C.1984); Trilon Plaza Co. v. Allstate Leasing Corp., 399 A.2d 34, 37 (D.C.1979). When statutory authority for a fee award exists, however, this court generally defers to the broad discretion of the trial judge in deciding whether to make such an award and in calculating its amount. District of Columbia v. Hunt, 520 A.2d 300, 304 (D.C.1987); Steadman v. Steadman, 514 A.2d 1196, 1200 (D.C.1986).

D.C. Code § l-1320(e)(3) is such a statutory exception to the American rule; it expressly authorizes an award of attorney’s fees “to the proposer” of an initiative, in the trial court’s discretion, if the court “hold[s] in favor of the proposer.” See note 2, supra.5

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Bluebook (online)
547 A.2d 981, 1988 D.C. App. LEXIS 167, 1988 WL 103107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-danneman-dc-1988.