Robinson v. Ariyoshi

933 F.2d 781, 1991 WL 80747
CourtCourt of Appeals for the Ninth Circuit
DecidedMay 21, 1991
DocketNo. 89-15301
StatusPublished
Cited by12 cases

This text of 933 F.2d 781 (Robinson v. Ariyoshi) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robinson v. Ariyoshi, 933 F.2d 781, 1991 WL 80747 (9th Cir. 1991).

Opinion

GOODWIN, Circuit Judge:

Defendant state officials appeal the judgment awarding attorney's fees under 42 U.S.C. § 1988 to plaintiff landowners. The action was brought under 42 U.S.C. § 1983 and led to lengthy litigation concerning water rights in the state of Hawaii. This court provided a detailed factual and procedural history of the underlying litigation in its decision on the merits in Robinson v. Ariyoshi, 887 F.2d 215, 216-18 (9th Cir. 1989). The trial court’s award of attorney’s fees is also published. Robinson v. Ariyoshi, 703 F.Supp. 1412 (D.Hawaii 1989).

As a preliminary matter, the state officials have challenged the subject matter jurisdiction of the district court to award attorney’s fees in this case. While the litigation was making its way through the state and federal courts, the Supreme Court in Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172, 105 S.Ct. 3108, 87 L.Ed.2d 126 (1985) shed new light on the doctrine of ripeness in federal litigation concerning regulatory confiscation of private property by state and local government entities. Williamson held that a plaintiff’s “takings” claim is not ripe until “the government entity charged with implementing the regulations has reached a final decision regarding the application of the regulations to the property at issue.” Id. at 186, 105 S.Ct. at 3116. With instructions to reconsider the matter in light of Williamson, the Supreme Court vacated this court’s affirmance of an earlier decision for plaintiffs. Ariyoshi v. Robinson, 477 U.S. 902, 106 S.Ct. 3269, 91 L.Ed.2d 560 (1986). The victories won by plaintiffs were thus swept away by application of the ripeness doctrine.

Contending that plaintiffs ultimately failed to obtain judicial relief because of the lack of ripeness of their claims, defendants assert that the trial court did not have subject matter jurisdiction to award fees earned in some of the interlocutory proceedings that were completed before the litigation was put to rest. Because we deny relief to plaintiffs on the ground that they were not “prevailing parties” within the meaning of section 1988, we do not need to decide the point at which the district court lost jurisdiction to award fees.

Under section 1988, a prevailing party is one who “has prevailed on the merits of at least some of his claims.” Hanrahan v. Hampton, 446 U.S. 754, 758, 100 S.Ct. 1987, 1989, 64 L.Ed.2d 670 (1980) (per curiam). A plaintiff who has not obtained final relief on the merits may nevertheless “prevail” for purposes of section 1988 “by establishing a ‘clear, causal relationship between the litigation brought and the practical outcome realized.’ ” Ward v. County of San Diego, 791 F.2d 1329, 1334 (9th Cir.1986) (quoting Rutherford v. Pitchess, 713 F.2d 1416, 1419 (9th Cir.1983)), cert. denied, 483 U.S. 1020, 107 [784]*784S.Ct. 3263, 97 L.Ed.2d 762 (1987). The Supreme Court phrased the inquiry to be whether plaintiff has “ ‘succeeded] on any significant issue in litigation which achieve[d] some of the benefit [he] sought in bringing suit.’ ” Hensley v. Eckerhart, 461 U.S. 424, 433, 103 S.Ct. 1933, 1939, 76 L.Ed.2d 40 (1983) (quoting Nadeau v. Helgemoe, 581 F.2d 275, 278-79 (1st Cir.1978)). “The touchstone of the prevailing party inquiry must be the material alteration of the legal relationship of the parties in a manner which Congress sought to promote in the fee statute.” Texas State Teachers Ass’n v. Garland Indep. School Dist., 489 U.S. 782, 792-93, 109 S.Ct. 1486, 1493, 103 L.Ed.2d 866 (1989).

When the district court enjoined enforcement of the state court decision in McBryde Sugar Co. v. Robinson, 54 Haw. 174, 504 P.2d 1330 (1973), plaintiffs won the relief they sought. In McBryde, the Supreme Court of Hawaii declared that the state of Hawaii owned all the water in the Hanapepe River, that the English common-law doctrine of riparian rights governed the use of Hawaii’s stream waters, and that plaintiffs could not transport water out of the watershed. This court’s subsequent reversal of the federal injunction on ripeness grounds, however, undercut plaintiffs’ victory for the purposes of section 1988.

The fact of the reversal is not, in itself, dispositive; if the injunction had been vacated on mootness grounds, the victory could nevertheless be compensable. See Dahlem v. Board of Edue. of Denver Public Schools, 901 F.2d 1508, 1510, 1512-13 (10th Cir.1990) (refusing to deny attorney’s fees on the basis of a mooted preliminary injunction, where plaintiff won the relief he sought); Williams v. Alioto, 625 F.2d 845, 847 (9th Cir.1980) (per curiam), cert. denied, 450 U.S. 1012, 101 S.Ct. 1723, 68 L.Ed.2d 213 (1981) (awarding plaintiff attorney’s fees, even though the injunctive relief sought by plaintiff was vacated on grounds of mootness). The crucial question is whether the injunction actually benefitted McBryde in the sense of stopping present or preventing imminent government conduct alleged to be unlawful.

This court predicated its reversal of the district court judgment on the lack of ripeness for a “takings” claim. Assuming ar-guendo that reversal for lack of ripeness does not as a matter of law destroy plaintiffs’ grounds for relief, it nevertheless makes plaintiffs’ claim significantly weaker than those made in the mootness cases where the injunctions had real and palpable effects on the continuing or threatened government behavior.

Plaintiffs argue that, because of their efforts in this civil rights action, the state court decision in McBryde changed from a final, unfavorable judgment ripe for state enforcement to a decision that, according to the Hawaii Supreme Court itself, had no bar and merger effect and that, under standard property law, could never be enforced retroactively so as to take plaintiffs’ vested property rights without compensation. According to plaintiffs, by virtue of their efforts in this litigation, the roadblock presented by McBryde is not as insurmountable as it was initially.

Because the state officials charged with implementing McBryde

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Bluebook (online)
933 F.2d 781, 1991 WL 80747, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-v-ariyoshi-ca9-1991.