Bob Patterson, Trustee of Shelby County, Tennessee v. A.C. Wharton, Jr., Mayor of Shelby County, Tennessee

After the Board of County Commissioners for Shelby County passed the county’s 2003–2004 budget, the Trustee of Shelby County filed suit against the county mayor pursuant to section 8-20-101 et seq. of the Tennessee Code seeking additional personnel and funding for his department.  After entering into a settlement agreement with the county, the trustee filed a motion seeking to recover his attorney’s fees at a rate of $250 per hour. The county asserted that such fees were capped at $100 per hour pursuant to a budget resolution passed by the Board of County Commissioners. The trial court entered an order awarding the trustee his attorney’s fees at a rate of $250 per hour pursuant to section 8-20-107 of the Tennessee Code. The county appealed arguing that the trial court did not have the discretion to award attorney’s fees in excess of the $100 per hour limit placed on such fees by the county legislative body. We affirm the decision of the trial court.