Chapter 18 - § 18.8 • ATTORNEY FEES UNDER 42 U.S.C. § 1988

• Jurisdiction: Colorado

§ 18.8 • ATTORNEY FEES UNDER 42 U.S.C. § 1988

In Beaver Creek Property Owners Ass'n v. Bachelor Gulch Metropolitan District,⁷⁴ the Colorado Court of Appeals affirmed an award of attorney fees in favor of a plaintiff who succeeded in suing a municipality for preventing construction traffic from using a public road. The plaintiff had asserted several state law claims and won on some of them, but had also claimed a denial of due process and equal protection under 42 U.S.C. § 1983 for which attorney fees were available under 42 U.S.C. § 1988.

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^[74] Beaver Creek...