Decision: Costs determination following judgment on property disputes.

Background

• Disputes over a deeded right-of-way (ROW) between neighbors.
• Claims included trespass, tree cutting, fence construction, property alterations, and nuisance.
• Previous decision awarded damages and injunctive relief, including the removal of a fence and boulders.

Key Findings for Costs

• Garner/Reinbold were more successful, but both parties had some victories and punitive damages were awarded against both.
• Damages Awarded:
  • Forgerons: $5,850 ($2,800 special, $2,000 general, $1,000 punitive).
  • Garner/Reinbold: $7,500 ($5,000 punitive, $2,500 nuisance).
• Legal Fees & Disbursements:
  • Garner/Reinbold sought $166,842.85 (75% of their adjusted legal costs).
  • Forgerons argued for a tariff-based award of $12,000–$14,250.
  • Court found $220,000 in legal fees excessive.
• Final Costs Awarded:
  • $40,000 to Garner/Reinbold, plus $6,000 in disbursements, minus $500 deduction for an unsuccessful motion.
  • Total: $45,500 payable by Forgerons within 30 days.