Dover Historical Society, Inc. v. City of Dover Planning Commission

JACOBS, Justice.

The petitioners below-appellants, 1 appeal from the denial of two applications for attorneys’ fees and expenses incurred in litigation over the preservation of four historic buildings that were located in the Dover Historic Green District. The appellants claim that in denying their fee applications the Superior Court abused its discretion because: (1) their first application was meritorious under the “common benefit” exception to the “American Rule” under which each side normally bears its own costs; (2) res judicata was improperly applied to bar the second fee application;…