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.