City of Helena v. Svee

JUSTICE BAKER,

concurring in part and dissenting in part. ¶32 I concur with the Court’s disposition of Issues One and Three, but dissent from its decision to award attorney’s fees. Applying the deferential standard of review accorded the trial court in such matters, and consistent with settled precedent under § 27-8-313, MCA, I would conclude that the District Court’s denial of fees was not an abuse of its discretion.

¶33 Before the District Court, the Svees sought fees on three grounds: first, that the City’s action was frivolous or brought in bad faith, justifying a fee award under §…