A little fine tuning on this Enquirer article

This past Saturday, the Cincinnati Enquirer reported the following:

The Institute for Justice of Washington, D.C., has filed a motion in Hamilton County Common Pleas Court asking Judge Beth Myers to order the Rookwood Partners, the developer of the proposed Rookwood Exchange office-retail-condo complex in Norwood, to pay the law firm $850,725.

Why, we wondered, wasn’t the IJ pursuing the City of Norwood for compensation, since it was Norwood, and not Rookwood Partners, that lost the eminent domain case? Without a doubt, Rookwood Partners lost a lot as a result of the Supreme Court decision, but they were not a party to the lawsuit. We dug around a little and discovered that technically, the IJ is pursuing attorney’s fees from the City, but under the terms of Norwood’s redevelopment contract with the developer, Rookwood Partners would have to pay the freight since they agreed to pay for all the costs of the litigation. If Judge Myers sides with the IJ, this would be just one more of those costs.