Court of Chancery of Delaware

Following dismissal of plaintiffs' action seeking a declaratory judgment invalidating a conditional use ordinance enacted by defendant-town and related injunctive relief, intervenor-defendant's motion for attorney's fees is denied over claims that it was entitled to a shifting of the burden of attorneys' fees both: 1) as costs under 10 Del. C. section 5106 and Court of Chancery Rule 54(d); and 2) as a sanction based upon plaintiffs' conduct in pursuing the action vexatiously and in bad faith.

Appellate Information

• Decided 10/27/2006
• Published 11/10/2006

Judges

Court

• Court of Chancery of Delaware

Counsel