State Ex Rel. State Public Works Board v. Westover Co.

This is an appeal from an order of the trial court denying a motion to tax costs and awarding to respondents $150,000 for attorneys’ fees and $2,000 for the services of four expert witnesses in a condemnation action which the appellant state abandoned after the trial court sitting without a jury had assessed damages for the proposed taking in the amount of $1,516,312.25. Hpon the filing of notice of abandonment pursuant to the code the defendants in condemnation filed a cost bill pursuant to section 1255a of the Code of Civil Procedure claiming that they were entitled to recover as costs the…