County of Freeborn v. Bryson

The statute authorizes an award of costs and attorneys’ fees where the trial court dismisses the proceeding due to the failure of the condemnor to pay the award within the required time or where the proceeding is “discontinued by the petitioner.” The question before the court, therefore, in*854volves interpretation of the clause “discontinued by the petitioners.” Does the statute intend to allow attorneys’ fees only where there is a voluntary discontinuance or does it also apply where the discontinuance is a result of a court determination that condemnation shall not lie under the Environmental…