Corps may then determine whether and under what conditions to reissue the permit. The Courtalso orders the Corps to pay plaintiffs’ reasonable attorney’s fees and costs.
The Hulett Iron Ore Unloaders [“Huletts”] at issue in this suit were enormous ore unloadingmachines, about ten stories tall, that stood near where the Cuyahoga River flows into Lake Erieon the Pennsylvania Railway Ore Dock [the “Ore Dock”], located on Whiskey Island. GeorgeHulett invented these imposing machines in the late 1800’s. At one time, seventy-five Hulettsunloaded ore from boats in the Great Lakes. Virtually all of the Huletts have now beendismantled or destroyed and none are currently in operation.
The four Huletts located onCleveland’s waterfront operated continuously from 1912 to 1992. After 1992, the Huletts wererendered obsolete by more modern methods of unloading bulk cargo from Lake Erie vessels. In1993, the Huletts were designated a Cleveland Historic Landmark. In 1997, the Ore Dock waslisted in the National Register of Historic Places; the primary historic aspect of the Ore Dockprompting that designation was the presence of the Huletts.
The Court emphasizes that only a portion of the attorney’s fees and costsplaintiffs incurred in this litigation are recoverable. Plaintiffs asserted a number of legaltheories which had no merit, and three times asked for preliminary injunctive relief withno legitimate basis for doing so. Plaintiffs,, thus, have only succeeded on the verynarrow claim upon which the Court now grants relief. The Court will not, therefore,award any attorneys fees or costs in connection with plaintiffs’ earlier, unsuccessfulefforts.
There are currently four Huletts in existence. Two are located on the shores of Lake Michigan in Chicago, Illinois. As will be discussed below, the other two are instorage here in Cleveland, after having been removed from the Ore Dock.
The Huletts have not been designated a National Historic Landmark.-3-