Carolyn Brown v. Labor and Industrial

The Missouri Division of Transportation ("DOT") appeals the trial courts award of attorneys fees and costs in favor of Sure-Way Transportation, Inc. ("Sure-Way") granted under authority of section 536.087, RSMo 1994. The statute requires an award of reasonable attorneys fees and expenses incurred by the non-governmental party in either a civil action or agency proceeding, unless the court or agency finds that the states position was "substantially justified or that special circumstances make the award unjust." § 536.087.1. DOT claims the trial court erroneously concluded that it was not substantially justified in prosecuting Sure-Way for alleged violation of section 387.100 by charging the University of Missouri reduced carrier rates.