DeCoster v. Waushara County Highway Dept.

Plaintiff could not proceed on his action under Uniform Relocation Assistance and Real Property Acquisition Act (RARPA) seeking additional attorney fees, arising out of plaintiff’s prior state court action against defendant seeking compensation for land needed for road project. Plaintiff sought more than $110,000 in attorney fees in prior state court action that resulted in $7,100 settlement for plaintiff’s land, and state court found that plaintiff was entitled to only $31,561 in attorney fees. As such, res judicata applied to preclude plaintiff from seeking additional attorney fees in instant action, where both actions concerned same transaction, and where plaintiff could have sought relief under RARPA in prior state court action. Moreover, state court determined that attorney fee award exceeding $31,561 would be unreasonable, and state court’s resolution of that issue is conclusive on attorney fee issue.