Kernen v. Homestead Development Co.

Plaintiffs appeal as of right the trial court’s award of expert witness fees to defendant in the amount of $47,598.54 for fees incurred in preparation for trial. We affirm.

The litigation underlying this appeal resulted in a published decision of this Court, Kernen v Homestead Dev Co, 232 Mich App 503; 591 NW2d 369 (1998). At trial, plaintiffs had won an award of nominal damages against defendant on a claim of anticipatory trespass, in connection with defendant’s plans to discharge wastes into a wetland in which plaintiffs and defendant each had ownership interest. This Court reversed and…