Town of Mt. Pleasant v. Werlein

Norman Werlein was found guilty of violating the Mt. Pleasant nonconforming use ordinance and was fined $100 plus costs, including actual attorney fees of $4,380.40. Werlein maintains on appeal that the imposition of actual attorney fees was an improper item of the “costs of prosecution.” We agree and reverse the trial court’s award of costs. Other issues raised will also be discussed.

The property in question was leased to Richard Woten, who operated an auto repair shop on the premises. The property had been used as an auto repair shop before the zoning ordinance was adopted and, therefore,…